Terroristic Threat Texas Penal Code §22.07
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Table of Contents
Statutory framework
Texas Penal Code § 22.07(a) — person commits terroristic threat if threatens to commit any offense involving violence to any person or property with intent to: (1) cause reaction by emergency agency; (2) place any person in fear of imminent serious bodily injury; (3) interrupt occupation of place of assembly, transportation, or public place; (4) impair public utilities; (5) place public in fear of serious bodily injury; (6) influence conduct or activities of branch/agency/political subdivision of government. Required elements: threat + specific intent + targeted purpose from list. State must prove specific intent — not just that defendant made statement, but that intent matched statutory categories.
Penalty schedule
Penal Code § 22.07(c) — penalties: Class B misdemeanor (up to 180 days + $2,000) — basic terroristic threat under (a)(2) (intent to place person in fear of imminent serious bodily injury). Class A misdemeanor (up to 1 year + $4,000) — against family/household member, public servant, at school/election/place of worship. Third-degree felony (2-10 years) — against peace officer or judicial officer; against employee of correctional facility/community supervision. State-jail felony (180 days-2 years) — against person whose safety is subject of emergency. Second-degree felony (2-20 years) — when impairs public utilities or interrupts assembly. First-degree felony (5-99 years/life) — when affects public utilities and causes pecuniary loss over $300,000.
Most common subsection — § 22.07(a)(2)
Most frequently charged: threatening violence with intent to place person in fear of imminent serious bodily injury. "Imminent" — requires reasonable belief threatened harm was about to occur, not at indefinite future point. Texas appellate cases address conditional threats inconsistently — some are charged when conditions likely to be met; others not. "Serious bodily injury" — defined under § 1.07(a)(46) — substantial risk of death; permanent disfigurement; protracted loss/impairment. "Imminent" distance matters — threats made over phone/social media from out of state may not support "imminent" findings.
Defense considerations
Effective Texas terroristic threat defenses: Specific intent — was the threat made with intent to cause fear, disruption, or government action? Joking, venting, hyperbole without specific intent insufficient. Imminence — was threatened harm actually "imminent" by Texas case law? Speculative or conditional threats often don't satisfy element. Objective reasonableness — would reasonable person in victim's position actually fear imminent harm? Vague hyperbole and obvious jokes typically not charged. First Amendment — protected political speech, satire, parody, criticism. Mens rea — state must prove specific intent beyond reasonable doubt. Identification — was defendant actually the person who made the threat?
Related offenses
Texas threat-adjacent offenses: Harassment (§ 42.07) — repeated communications to harass. Stalking (§ 42.072) — course of conduct causing fear of injury. Assault by threat (§ 22.01(a)(2)) — threatening imminent bodily injury (Class C misdemeanor base). Felony riot/incitement — separate provisions. Online impersonation (§ 33.07) — fake persona to harm/threaten. Violation of protective order (§ 25.07) — contacting/threatening protected person. Federal interstate threats (18 U.S.C. § 875) — interstate threat communications; up to 5 years federal. Federal terrorism (18 U.S.C. § 2332 series) — for actual terrorism-level threats with religious/political motivation.
Texas Terroristic Threat (§ 22.07) Penalties
| 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 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). | |||
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Frequently Asked Questions
What's terroristic threat in Texas?
Penal Code § 22.07 — threatening violence with specific intent to cause emergency reaction, place person in fear of imminent serious bodily injury, disrupt public places, impair public utilities, place public in fear, or influence government. Class B misdemeanor base; can escalate to first-degree felony for public infrastructure threats.
How serious is Texas terroristic threat charge?
Varies dramatically. Class B misdemeanor base (up to 180 days + $2,000). Class A misdemeanor against family/public servant/at school. Third-degree felony against peace officer/judicial officer. Second-degree felony for public utility impairment. First-degree felony for major pecuniary loss to public services.
Can social media posts be Texas terroristic threats?
Yes — § 22.07 doesn't require direct communication to victim. Social media posts can support charges if threat communicated through platform and reaches target or supports required intent element. Federal interstate threats (18 U.S.C. § 875) also apply for interstate online threats.
What's the difference between terroristic threat and harassment?
Terroristic threat (§ 22.07): threats of violence with specific intent (fear, disruption, influence). Harassment (§ 42.07): repeated communications intended to annoy, alarm, abuse, torment, embarrass — doesn't require violence threat. Different elements and penalty structures.
Are conditional threats prosecutable in Texas?
Sometimes. Texas appellate cases address conditional threats ("if you do X, I'll do Y") inconsistently. Threats with conditions easily within speaker's control or imminent fulfillment more likely prosecuted. Threats with remote or unlikely conditions less likely to support § 22.07 conviction. Specific facts matter.
