What Constitutes a Terroristic Threat in Texas? | Texas Penal Code 22.07

Terroristic threat charges in Texas are more common than you might think, and they don’t always involve what most people would consider “terrorism.” At Whalen Law Office, we defend against serious criminal charges, including terroristic threats, which can arise from heated arguments, misunderstood comments, or even poorly judged jokes.

Under Texas law, a terroristic threat doesn’t require an actual intent to carry out violence. Instead, prosecutors focus on whether the accused intended to cause fear or disrupt public services. This broad definition means that seemingly minor incidents can lead to major legal troubles. In this post, we’ll break down exactly what the law says constitutes a terroristic threat in Texas and what it means for those facing such charges.

What is a Terroristic Threat Under Texas State Law?

Texas Penal Code § 22.07 (TPC 22.07) defines a terroristic threat as threatening violence against people or property with the intent to cause fear, disrupt public services, or influence government activities.

Examples of Texas terroristic threats

TPC 22.07 acts take various forms, such as:

• Verbal threats: Making verbal statements threatening violence against an individual or group.
• Written threats: Sending threatening letters, notes, or messages.
• Electronic threats: Posting threatening messages on social media, sending threatening emails or text messages (Texas has specific laws addressing electronic terroristic threats).
• Threats against public servants, judges, or peace officers: Threatening violence against government officials or law enforcement personnel.
• School-related threats: Making threats that cause the evacuation or lockdown of a school (Texas has specific laws addressing school-related terroristic threats).

Texas law enforcement can charge terroristic threats as misdemeanors or felonies depending on the circumstances and severity of the threat.

Penalties for Terroristic Threats

TPC 22.07 convictions are severe and depend on the classification of the offense.

Class B misdemeanor

Allegations: (i) threatening violence to cause a reaction from emergency agencies or (ii) placing a person in fear of imminent serious bodily injury.

Penalties: Up to 180 days in jail and/or a fine of up to $2,000 (Tex. Pen. Code § 12.22)

Class A misdemeanor

Allegations: (i) threatening a family member or the act constitutes family violence, (ii) threatening a public servant, (iii) threatening violence to prevent or interrupt the use of specific public and private spaces.

Penalties: Up to one year in jail and/or a fine of up to $4,000 (Tex. Pen. Code § 12.21)

Third-degree felony

Allegations: (i) threatening violence to impair or interrupt public services, causing financial loss of $1,500 or more to the property owner, (ii) placing the public in fear of serious bodily injury, (iii) influencing government activities, (iv) threatening a peace officer or judge.

Penalties: 2-10 years in prison and/or a fine of up to $10,000 (Tex. Pen. Code § 12.34)

All terroristic threat convictions result in a criminal record, which may impact employment opportunities, housing, and other aspects of life.

Defending Against Texas Terroristic Threat Charges

When facing TPC 22.07 allegations, we recommend you talk to an experienced Texas criminal defense attorney about the defense strategies available in your case.

Some possible defenses against terroristic threat allegations include:

• Lack of intent: You did not intend to cause fear, panic, or interruption of public services.
• Misunderstanding or misinterpretation: Your alleged act was not a threat, or others misinterpreted it.
• Free speech considerations: The First Amendment may have protected the alleged threat under the right to free speech.

A lawyer well-versed in Texas terroristic threat laws can assess your case and develop a strong defense strategy matching your unique circumstances.

Terroristic Threats and Related Offenses

Prosecutors usually bring terroristic threats allegations in conjunction with other related offenses.

It’s important that you do not confuse the two alleged crimes.

• Assault: Terroristic threats differ from assault charges, as these allegations involve causing or threatening imminent bodily injury (Tex. Pen. Code § 22.01)
• Family violence: Terroristic threats may be considered a form of family violence if directed towards a family or household member (Tex. Pen. Code § 22.07(c)(1))
• Stalking and harassment: Repeated threats or harassing behavior may constitute stalking or harassment offenses (Tex. Pen. Code § 42.07)
• Protective orders: Victims of terroristic threats may seek protective orders to prevent further contact or threats from the accused (Tex. Code Crim. Pro. Chapter 7B)

Investigating and Prosecuting Texas Terroristic Threats

State law enforcement agencies thoroughly investigate reported terroristic threats incidents.

While gathering evidence, investigators may:

• Take witness statements.
• Record communications (phone calls, voicemails, text messages, social media posts).
• Surveile suspects.
• Execute background checks on the accused.

After that, prosecutors review the evidence and determine whether to press charges based on the strength of the case and the severity of the alleged threat.

In Texas, the statute of limitations to bring TPC 22.07 allegations is three years from the date of the alleged offense for felonies and two years for misdemeanors.

Social Media in the Spread of Terroristic Threats

In recent years, social media platforms have become a significant source for the spread of terroristic threats.

Some key considerations regarding these platforms and terroristic threats include:

• Increased reach: Social media allows threats to be disseminated quickly to a broader audience.
• Anonymity: Some individuals may feel encouraged to make threats online due to perceived anonymity.
• Evidence: Social media posts and messages can serve as important evidence in terroristic threat investigations and allegations.
• Responsibility of platforms: Social media companies face increasing pressure to monitor and remove threatening content.

Also, know that individuals report terroristic threats on social media to law enforcement regularly.

Don’t Let Terroristic Threats Allegations Control Your Life

If you or a loved one is facing terroristic threat charges in Texas, the consequences can be severe. At Whalen Law Office, we understand the nuances of these cases and how to build a strong defense. Our experienced team has successfully represented numerous clients against such charges in Texas courts.

Don’t let a misunderstanding or a moment of poor judgment derail your future. The sooner you seek legal representation, the better we can protect your rights and explore your legal options.

Contact Whalen Law Office today to schedule a consultation. Call or fill out our online contact form.