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In re J.H.

Misbehaving student's calm and deliberate "promise" to harm teacher supported delinquency adjudication based on utterance of terroristic threats.

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OPINION

� 1 J.H. appeals the order of the Dauphin County Court of Common Pleas adjudicating him delinquent and placing him on formal probation for an eight-week program at Tressler Weekend Program *fn1 for making terroristic threats *fn2 against his drama teacher. We affirm.

� 2 The facts of this case may be summarized as follows: During his drama class at Susquehanna High School, J.H. volunteered to read a part in a play script. While reading his part, J.H. began using the word “fuck,” even though the word did not appear in the script. J.H.’s drama teacher reprimanded him three to five times for using the word. Despite the reprimands, J.H. continued to “ad lib” in the same manner, at which time the teacher threatened to send J.H. to the principal’s office if he used the word one more time. J.H. apologized and agreed to stop using the word. However, J.H. did use the word again and the teacher advised J.H., who was on informal probation with the Dauphin County Juvenile Probation Office, that she was going to address his behavior with Chris Hakel, J.H.’s probation officer. J.H. became angry, and told the teacher that if she spoke with his probation officer, “it would be that last thing [she] ever did.” (N.T. Hearing, 11/21/00, at 10.) When the teacher asked J.H. if he was aware that he was threatening her, he responded that he was “promising [her].” (Id.) As a result of the incident, J.H. was charged with making terroristic threats. After a hearing on November 21, 2000, J.H. was adjudicated delinquent.

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