Terroristic Threat Under the Texas Penal Code: What to Know
Understand how Texas law defines and prosecutes terroristic threats, including legal thresholds, classifications, and potential consequences.
Texas law addresses threats of violence seriously, particularly those intended to instill fear or disrupt public order. Under the state’s Penal Code, making what is legally defined as a “terroristic threat” can result in criminal charges, regardless of whether physical harm occurs. These cases typically involve communications or actions suggesting an intent to intimidate, coerce, or provoke emergency responses. Understanding the definition and prosecution of these threats is crucial due to the potentially severe consequences.
Elements of the Offense
For a conviction under Texas law, prosecutors must prove specific elements beyond a reasonable doubt. Section 22.07 of the Texas Penal Code outlines two core components: the communication of a threat involving violence to a person or property, and the individual’s intent when making it.1Texas Legislature Online. Penal Code § 22.07. Terroristic Threat The communication, whether spoken, written, or conveyed through actions, must suggest a future act of violence.
The second key element is the individual’s mental state, or intent, when making the threat. The law requires proof that the person acted with a specific purpose. This purpose is not necessarily to carry out the threatened violence, but rather the intent behind making the threat itself. Prosecutors must show the person consciously intended to achieve outcomes specified in the statute, such as placing someone in fear of imminent serious bodily injury or causing a reaction from an emergency agency.
Therefore, the offense hinges on communicating a threat of violence coupled with the specific intent for that threat to produce a legally defined result. The Texas Court of Criminal Appeals has defined “imminent” in this context as danger that feels “ready to take place, near at hand; impending.” The focus remains on the intent to create fear or provoke a reaction, not necessarily on whether the recipient was actually frightened or if the threat could realistically be carried out. Recent U.S. Supreme Court decisions, like Counterman v. Colorado, suggest prosecutors may increasingly need to demonstrate that a defendant acted with at least recklessness concerning the threatening nature of their communication—meaning they consciously disregarded a substantial risk their words would be perceived as a threat.
Threat Categories in the Statute
Section 22.07 of the Texas Penal Code outlines distinct situations where a threat involving violence qualifies as a terroristic threat, based on the specific intent behind the communication.2FindLaw. Texas Penal Code § 22.07 – Terroristic Threat These categories clarify the law’s scope.
Threat That Disrupts Public Services
One category involves threats made with the specific intent to impair or interrupt essential public services, such as communications, transportation, water, gas, or power systems. The focus is on the intended disruption of services vital to the community. For instance, a threat aimed at disabling a power grid or contaminating a public water supply, made with the intent to cause such an interruption, falls under this provision. The law targets deliberate attempts to interfere with public infrastructure and services.
Threat to Cause Emergency Response
Another category addresses threats made with the intent to provoke a reaction from an official or volunteer agency organized to deal with emergencies, like law enforcement, fire departments, or emergency medical services. The offense centers on the intent to trigger an emergency response through the threat, regardless of its genuineness. Examples include falsely reporting a bomb to cause an evacuation or making a violent threat designed to draw out emergency personnel, thereby diverting critical resources.
Threat Intended to Influence Government
Texas law also covers threats intended to influence the conduct or activities of governmental bodies. This applies when a person makes a threat of violence specifically aiming to affect the actions, policies, or operations of a federal, state, or local government agency. The threat serves as a coercive tool to manipulate governmental functions, such as swaying legislative votes or intimidating officials. This provision recognizes the harm in using threats to undermine governmental processes.
Offense Classification
The classification of a terroristic threat offense under Section 22.07 of the Texas Penal Code varies based on the specific intent and circumstances, ranging from misdemeanors to felonies.
Many terroristic threats are classified as misdemeanors. A threat made with the intent to cause a reaction from an emergency response agency or to place an individual in fear of imminent serious bodily injury is typically a Class B misdemeanor.
Certain factors elevate the offense to a Class A misdemeanor. If a threat intended to place someone in fear of imminent serious bodily injury is directed towards a family or household member, or constitutes family violence, it becomes a Class A misdemeanor. The same applies if the threat is made against someone the actor knows is a public servant. Threats intended to prevent or interrupt the use of a building, public place, or vehicle are also Class A misdemeanors.
The classification rises to a state jail felony under more serious conditions. A threat intended to place a person in fear of imminent serious bodily injury becomes a state jail felony if the target is known by the actor to be a peace officer or judge. Additionally, if a threat intended to prevent or interrupt the use of a building or place results in a financial loss of $1,500 or more to the owner, the offense is elevated from a Class A misdemeanor to a state jail felony.
The most serious classifications are third-degree felonies. Threats made with the intent to impair or interrupt public communications or services, place the public or a substantial group in fear of serious bodily injury, or influence government activities are all classified as third-degree felonies, reflecting the broad impact or targeting of governmental functions.
Penalties and Sentencing Factors
Penalties for a terroristic threat conviction in Texas align with the offense classification. Under Chapter 12 of the Texas Penal Code, a Class B misdemeanor carries up to 180 days in county jail and/or a fine up to $2,000. A Class A misdemeanor conviction can result in up to one year in county jail and/or a fine up to $4,000.
Felony convictions bring substantially more severe penalties. A state jail felony results in confinement in a state jail facility for 180 days to two years, plus a possible fine up to $10,000. Third-degree felonies carry imprisonment in the Texas Department of Criminal Justice for two to ten years and a potential fine up to $10,000.
Beyond these statutory ranges, courts consider various factors during sentencing. A judge or jury evaluates the specifics of the offense, including the threat’s nature and severity, the actual fear or disruption caused, and whether vulnerable individuals were targeted. The defendant’s criminal history is a significant factor; prior offenses often lead to harsher sentences. Conversely, a clean record, remorse, or cooperation might result in a lighter sentence or probation, if legally permissible. The impact on the victim or the public also influences the final punishment determination within the legal framework.
Investigation and Prosecution
When an allegation of a terroristic threat arises in Texas, law enforcement typically initiates an investigation following a report. Local police or sheriff’s departments gather facts, interview the complainant, the accused, and any witnesses.
Investigators collect evidence such as recordings, emails, text messages, social media posts, or written notes containing the threat. The goal is to document the communication and its context, focusing on elements defined in Section 22.07 of the Texas Penal Code, like the threat’s nature and the actor’s apparent intent. Warrants may be sought for electronic devices or service provider records if digital communications are involved.
After the initial investigation, findings are presented to the relevant prosecutor’s office—usually the County Attorney for misdemeanors or the District Attorney for felonies. The prosecutor reviews the evidence to determine if there is probable cause to believe a terroristic threat occurred. They have the discretion to file charges, seek alternative resolutions, or decline prosecution based on the evidence’s strength. The decision to prosecute rests with the state, not the individual who reported the threat.
If charges are filed, the formal prosecution begins. This involves filing a charging document and proceeding through the criminal court system. The prosecution must prove beyond a reasonable doubt that the defendant committed the offense. Evidence gathered during the investigation, governed by the Texas Rules of Evidence and relevant sections of the Code of Criminal Procedure regarding forensic analysis, forms the state’s case. In complex cases, the Texas Attorney General’s office might assist local prosecutors.
