Can You Go to Jail for Threatening Someone in Texas?
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§ 22.07 — Terroristic Threat
Threatening violence with intent to: (1) cause reaction by emergency agency; (2) place person in fear of imminent serious bodily injury; (3) interrupt occupation of place of assembly/transportation/public place; (4) impair public utilities; (5) place public in fear of serious bodily injury; (6) influence government activities. Class B misdemeanor base; it rises to a third-degree felony (the maximum) for threats that impair or interrupt public utilities, transportation, or other public infrastructure (§ 22.07(a)(4)-(6)).
Most common — § 22.07(a)(2)
Threatening violence with intent to place person in fear of imminent serious bodily injury. Class B misdemeanor base. Class A if against family/household member, public servant, or at school/election/place of worship. State jail felony if the threat is made against a peace officer or a judge (§ 22.07(c-1)). A threat that prevents use of a building or place is a Class A misdemeanor, or a state jail felony if it causes $1,500 or more in loss (§ 22.07(d)).
§ 42.07 — Harassment (related but different)
Repeated communications intended to harass, annoy, alarm, abuse, torment, or embarrass. Class B misdemeanor; Class A for prior harassment convictions or against child under 18. Includes electronic communications (texts, social media, email). Does not require violence threat — just repeated harassment.
§ 42.072 — Stalking
Course of conduct (multiple acts over time) causing fear of bodily injury, death, or offense. Third-degree felony base; second-degree if prior stalking conviction or while protective order in effect. Includes physical surveillance, electronic monitoring, third-party messages, gifts/items.
Defenses and elements
Threat must be objectively reasonable — vague hyperbole and obvious jokes typically don't qualify. "Imminent" requires reasonable belief threat was about to occur. Conditional threats ("if you do X, I'll do Y") prosecuted inconsistently. Free speech protections under First Amendment limit some prosecutions. Specific intent element must be proven beyond reasonable doubt.
Texas Terroristic Threat Penalties (§ 22.07)
| Type of threat | Grade | Punishment | Statute |
|---|---|---|---|
| Threat made to prompt an emergency-agency response | Class B misdemeanor | Up to 180 days | § 22.07(b) |
| Threat of violence placing a person in fear of imminent serious injury | Class B misdemeanor | Up to 180 days | § 22.07(c) |
| — against a family/household member or public servant | Class A misdemeanor | Up to 1 year | § 22.07(c) |
| — against a peace officer or judge | State jail felony | 180 days–2 years | § 22.07(c-1) |
| Threat that interrupts use of a building or public place | Class A misd. (state jail if $1,500+ loss) | Up to 1 yr / 180 days–2 yrs | § 22.07(d) |
| Threat to impair public utilities, transport, or infrastructure | 3rd-degree felony | 2–10 years | § 22.07(e) |
| Terroristic threat (§ 22.07) ranges from a Class B misdemeanor to a third-degree felony, which is the maximum — the offense never reaches the second or first degree and carries no life sentence. Related conduct may instead be charged as harassment (§ 42.07) or stalking (§ 42.072, a third-degree felony). | |||
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Frequently Asked Questions
What's terroristic threat in Texas?
Penal Code § 22.07 — threatening violence with specific intent (causing emergency reaction, placing in fear, disrupting public places, etc.). Class B misdemeanor base; it can rise to a third-degree felony (the maximum) for threats that impair or interrupt public utilities, transportation, or infrastructure.
Are social media threats illegal in Texas?
Yes — § 22.07 doesn't require direct communication to victim. Social media posts can support charges if they reach the target or support required intent. § 42.07 harassment specifically includes electronic communications. § 33.07 online impersonation is third-degree felony.
Is a one-time threat enough for stalking?
No — stalking under § 42.072 requires a course of conduct (multiple acts over time). Single threats typically charged as terroristic threat or harassment. Stalking is third-degree felony reflecting the pattern of conduct.
Can angry words in an argument be a crime?
Depends on specific intent and content. Vague hyperbole ("I'll kill you" in obvious anger context) typically not prosecuted. Specific actionable threats ("I'm coming to your house tonight with a gun") more likely prosecuted. Imminence and reasonableness key elements.
What's the maximum penalty for threatening someone in Texas?
Up to 10 years for a third-degree felony terroristic threat, which is the maximum (a threat that impairs public utilities, transportation, or infrastructure). Most threat charges are Class B or Class A misdemeanors (up to 1 year jail); a threat against a peace officer or judge is a state jail felony, and threats against public infrastructure are third-degree felonies.
References & Statutes
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