An accusation of making a terroristic threat in Texas is a serious matter with significant legal consequences. The term covers a broader range of actions than many people assume. This article provides an overview of the legal definitions, potential penalties, and the steps to take when facing such a charge under the Texas Penal Code.
Defining Terroristic Threats Under Texas Law
Under Texas law, a person commits the offense of a terroristic threat if they threaten to commit any offense involving violence to any person or property with a specific intent.1Texas Public Law. Texas Penal Code Section 22.07 – Terroristic Threat The core of the offense is not whether the person could or would actually carry out the threat, but their intent when making the statement. The law focuses on the intended outcome of the threat, which falls into several categories.
A person can be charged if they make a threat with the intent to:
- Place a person in fear of imminent serious bodily injury.
- Prevent or interrupt the occupation or use of a building, room, place of assembly, or public place.
- Cause impairment or interruption of public services, such as communications, transportation, or utilities.
- Place the public or a substantial group of the public in fear of serious bodily injury.
- Influence the conduct or activities of a governmental agency or official.
Examples of Conduct Considered Terroristic Threats
For instance, telling someone you are going to cause them serious physical harm, with the intent to make them believe it will happen immediately, is a direct example of this offense. This type of personal threat is a common basis for charges, especially in disputes that escalate.
Another example is making a bomb threat to a public building, such as a school, government office, or commercial establishment. The intent is often to cause the evacuation of the building, thereby interrupting its normal use and creating widespread fear, regardless of whether a bomb actually exists.
Threatening to release a dangerous chemical or biological agent into a public water supply or ventilation system would also constitute a terroristic threat. Such an act is aimed at disrupting public services and causing public fear of serious injury. Similarly, posting a threat on social media about committing a mass shooting at a public event or location is an offense, as it is intended to place a large group of people in fear for their safety.
Penalties for Terroristic Threats in Texas
The penalties for making a terroristic threat in Texas vary based on the nature of the threat and its target. The baseline offense is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.2Texas Public Law. Texas Penal Code Section 12.22 – Class B Misdemeanor This typically applies to threats made to cause a reaction by an emergency response agency or to place a person in fear of imminent serious bodily injury.
The charge can be elevated to a Class A misdemeanor if the threat of imminent serious bodily injury is directed at a family member, household member, or a public servant. A Class A misdemeanor carries a penalty of up to one year in jail and a fine not to exceed $4,000.3Texas Public Law. Texas Penal Code Section 12.21 – Class a Misdemeanor
The offense becomes a state jail felony if the threat is made against a peace officer or judge. A state jail felony is punishable by 180 days to two years in a state jail facility and a fine of up to $10,000. The most severe classification is a third-degree felony, which applies to threats intended to influence government actions, cause widespread fear of serious bodily injury, or cause an interruption or impairment of a public place resulting in a financial loss of $1,500 or more. This carries a prison sentence of two to ten years and a fine of up to $10,000.4Texas Public Law. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
Important Considerations When Facing an Accusation
Facing an accusation for making a terroristic threat is a serious legal situation. The potential for jail time and fines underscores the gravity of the charge.
Upon being accused or arrested, it is important to exercise your constitutional rights. This includes the right to remain silent and the right to an attorney. You should avoid discussing the details of the situation with law enforcement or anyone else without legal representation present. Anything you say can be used against you in court.
Seek legal counsel from a qualified criminal defense attorney. An experienced attorney can analyze the specifics of your case, explain your legal options, and begin building a defense strategy. They will handle all communications with law enforcement and the prosecution, ensuring your rights are protected throughout the legal process.