Terroristic Threat Charges in Texas

A terroristic threat in Texas (Penal Code § 22.07) is a threat to commit any violent act against a person or property, made to place someone in fear, disrupt a public service, or pressure a government agency. No one has to be physically harmed, and the threat does not have to be carried out. Penalties range from a Class B misdemeanor to a third-degree felony, depending on who was threatened and why.

What Is a Terroristic Threat in Texas?

Under Texas Penal Code § 22.07, a person commits a terroristic threat by threatening violence to any person or property with the intent to:

• place a specific person in fear of imminent serious bodily injury;
• cause a reaction by an emergency agency such as police, fire, or EMS;
• prevent or interrupt the use of a building, room, place, or vehicle;
• disrupt public communications, transportation, water, gas, or power;
• place the public — or a substantial group of the public — in fear of serious bodily injury; or
• influence the conduct of a branch or agency of government.

The decisive word is intent. The State does not have to prove you meant to carry out the threat — only that you made it intending one of these results. A statement made in frustration, sarcasm, or hyperbole, with no intent to cause fear, is not a terroristic threat.

Is Terroristic Threat a Felony or a Misdemeanor in Texas?

It can be either. Most terroristic threat cases are charged as misdemeanors, but the offense escalates to a felony based on who was threatened and the consequences of the threat. The grading is fixed by § 22.07(b)–(e).

What Are the Penalties for Terroristic Threat in Texas?

• Class B misdemeanor — a general threat, or placing one person in fear of imminent serious bodily injury. Up to 180 days in county jail and a fine up to $2,000.
• Class A misdemeanor — when that threat is against a family or household member, otherwise constitutes family violence, or targets a public servant. Up to one year in county jail and a fine up to $4,000.
• State jail felony — a threat against a person known to be a peace officer or judge, or a threat that interrupts the use of a building or place and causes $1,500 or more in loss. 180 days to 2 years and a fine up to $10,000.
• Third-degree felony — a threat that disrupts a public service, places the public (or a substantial group) in fear of serious bodily injury, or is intended to influence the government. 2 to 10 years in prison and a fine up to $10,000.

Terroristic Threat and Family Violence

When a terroristic threat is made against a spouse, partner, family member, or someone in the same household, it is charged as a Class A misdemeanor and carries a family-violence finding. That finding follows you well beyond the case — it can cost you the right to possess a firearm, support a protective order, surface in custody disputes, and enhance any future family-violence charge. These cases also frequently arise from heated arguments where the alleged threat is disputed or exaggerated, and they are often filed alongside an assault charge. If your case stems from a family or dating relationship, see our Austin domestic violence defense page.

What Are Common Defenses to a Terroristic Threat Charge?

Because § 22.07 turns on intent and the exact words used, these charges are often more defensible than they first appear. Depending on the facts, a defense may show that:

• there was no intent to cause fear or a reaction — venting or an emotional outburst is not a crime;
• the statement was not a true threat — conditional, ambiguous, or hyperbolic remarks are protected speech;
• the accuser misheard, misquoted, or fabricated the statement — common in divorce, custody, and breakup disputes;
• there was no intent that the threat ever reach the alleged victim; or
• the State cannot prove who actually made the statement.

Knowing how the State builds — and fails to prove — intent in these cases is frequently the difference between a dismissal and a conviction.

Where We Defend Terroristic Threat Cases

The Law Office of David D. White defends terroristic threat charges across Central Texas — Travis County (Austin), Williamson County (Georgetown and Round Rock), Hays County (San Marcos), and throughout our ten-county footprint. Attorney Taylor Kacir, a former Bell County prosecutor, brings an insider’s read on how these cases are charged and tried. If you are facing a terroristic threat charge anywhere in the region, the first step is understanding exactly how the State has graded it — and where it is weak.

Arrested or charged with a terroristic threat? Call (512) 369-3737 for a confidential consultation, or review our recent case results. If a loved one is still in custody, start with Austin jail release.

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