Here is the section from a NJ state site:
2C:12-3. Terroristic threats.
a.A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
b.A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
It would appear this would involved the 'b' section.
I found this definition of third degree offenses from a NJ attorney's site (as I don't know where to find it in the NJ statutes, and I don't want to search too long):
Third Degree - 3rd degree crimes include most drug charges, theft/shoplifting charges, property damage charges, burglary charges, and most assault charges. If you are found guilty of a third/3rd degree criminal offense in New Jersey, the range of penalties is from non-custodial probation (i.e., probation without jail time), to up to 5 years in prison. You can also get probationary sentences that may include jail time up almost 1 year.
I'd say he needs an attorney. With an attorney I'd think it likely he could get a negotiated deal that might keep him out of custody but would likely include probation and counseling.
- Carl