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What Does the Texas Penal Code Say About Terroristic Threats?

Graham Norris

I founded Norris Legal Group to advocate for people who have been accused of a crime.

Getting a call about “terroristic threat” charges can make your world stop spinning. While these words sound like something involving international threats, in Texas law they cover a much broader range of situations than you might think.

Whether you’re facing these charges yourself or supporting someone who is, understanding exactly what they mean is your first step forward. Let’s break down what Texas law actually says about terroristic threats and what options you have.

What Constitutes a Terroristic Threat?

A terroristic threat in Texas isn’t limited to acts of terrorism as most people understand them. Instead, it encompasses a broader range of threatening behaviors that the law considers serious enough to warrant criminal penalties.

The key element that distinguishes a terroristic threat from other types of threats is the specific intent behind the threat, not just the threat itself.

Sec. 22.07 of the Texas Penal Code requires two fundamental components to establish a terroristic threat offense:

  • A clear threat to commit an act of violence against a person or property
  • A specific intent to achieve one of six designated outcomes (as described in the next section)

Here are some other factors to consider:

  • The threat must be credible enough to reasonably achieve the intended result
  • The threat can be made verbally, in writing, or through electronic means
  • The perpetrator doesn’t need to have the actual ability to carry out the threat

6 Types of Terroristic Threats

Texas law recognizes six distinct categories of terroristic threats under Section 22.07 of the Texas Penal Code. Each category has specific elements that must be proven and carries different penalties.

1. Emergency Response Threats

When someone makes a threat specifically intended to trigger a response from emergency services, they face Class B misdemeanor charges. This includes:

  • False reports designed to mobilize police departments
  • Threats intended to activate fire department response
  • Deliberately triggering emergency medical service deployment
  • Any threat meant to cause reaction from volunteer emergency organizations

2. Personal Injury Threats

These threats involve putting someone in fear of immediate serious bodily harm. Penalties increase based on the target:

  • Base offense is a Class B misdemeanor
  • Elevated to Class A misdemeanor if against family members or public servants
  • Becomes a state jail felony if against peace officers or judges
  • Must involve threat of “serious” bodily injury, not just any harm
  • Requires proof of “imminent” threat, meaning immediate or near-immediate

3. Occupancy Disruption Threats

This category covers threats meant to prevent or interrupt the use of any occupied space. Severity depends on financial impact:

  • Class A misdemeanor by default
  • Elevated to state jail felony if causing $1,500+ in pecuniary loss
  • Covers buildings and rooms
  • Includes places of assembly
  • Affects places open to public access
  • Extends to workplaces and businesses
  • Includes vehicles (aircraft, automobiles, etc.)

4. Public Service Disruption Threats

Always charged as a third-degree felony, these threats target essential infrastructure:

  • Public communications systems
  • Public transportation networks
  • Water supply systems
  • Gas supply networks
  • Power supply facilities
  • Any other vital public service

5. Public Fear Threats

This distinct category, carrying third-degree felony charges, involves:

  • Threats creating widespread public fear
  • Must target the public or a “substantial group”
  • Requires intent to cause fear of serious bodily injury
  • Different from individual threats by targeting larger groups
  • Evaluated based on number of people affected

6. Government Influence Threats

Also a third-degree felony, these threats specifically target:

  • Federal government branches
  • State government agencies
  • Political subdivisions of the state
  • Must show intent to influence official conduct
  • Includes threats against government operations
  • Covers attempts to affect government activities

Each category requires prosecutors to prove both the threat itself and the specific intent to achieve one of these outcomes. The law recognizes that context matters, and penalties are structured to reflect both the severity of the threat and its intended impact.

Pecuniary Loss in Terroristic Threat Cases

When terroristic threats involve disruption of buildings, businesses, or other facilities, the financial impact becomes a crucial factor in determining the severity of charges. Texas law specifically addresses how economic losses affect the prosecution of these cases through a concept known as pecuniary loss.

  • Property owners must demonstrate actual financial losses
  • Damages can include lost revenue from business interruption
  • Costs of emergency security measures may be included
  • Temporary relocation expenses can factor into total losses
  • The $1,500 threshold marks the difference between misdemeanor and felony charges
  • Documentation of all losses is crucial for prosecution

Facing Terroristic Threat Charges in Texas? Get Legal Help Today

If you’re facing terroristic threat charges in Tarrant County, time is critical. The experienced criminal defense attorneys at Norris Legal Group understand the complexities of these cases and are ready to help protect your rights.

We offer free initial consultations to discuss your case and explain your legal options. Don’t let a terroristic threat charge jeopardize your future – contact Norris Legal Group today to schedule your confidential consultation with a skilled defense attorney who will fight for your rights.

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Principal Attorney Graham Norris is an award-winning defense attorney and former Tarrant County prosecutor. Graham has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Over the past decade, Graham has been recognized by Fort Worth Magazine as a Top Attorney, Texas Monthly Super Lawyers as a Rising Star, and named to The National Trial Lawyers Top 40 Under 40. 

Kyle Fonville, Attorney Of-Counsel 

Graham Norris, Principal & Founder

Of-counsel Attorney Kyle Fonville is a trial and appellate attorney who graduated first in his class from Texas Wesleyan University School of Law (now Texas A&M University School of Law). He is admitted to practice before all Texas courts, the Fifth Circuit Court of Appeals, as well as the District Courts for the Northern, Eastern, and Western Districts of Texas.

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