Penal Code · §22.07

Terroristic Threat

Threatens to commit any offense involving violence with intent to (1) cause emergency-agency reaction, (2) place any person in fear of imminent SBI, (3) prevent/interrupt occupation of public place or public service, (4) cause impairment of public utilities, (5) place public in fear of serious bodily injury, or (6) influence government conduct.

The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Threatens to commit any offense involving violence to any person or property
  • With intent to cause an emergency response, place a person in fear of imminent SBI, prevent or interrupt use of a building or place, impair public services, place the public in fear of serious bodily injury, or influence government conduct
  • Grade by intent: Class B (emergency response or fear of imminent SBI), Class A (interrupting a building or place), 3rd degree (public services, public fear, or influencing government) (§22.07(c)–(e))
Texas Law — Charge Details
Class B Misd. → 3rd Degree Felony
Offense
Terroristic Threat
Statute
Tex. Penal Code §22.07
Classification
Class B misdemeanor (default)

Threatens to commit any offense involving violence with intent to (1) cause emergency-agency reaction, (2) place any person in fear of imminent SBI, (3) prevent/interrupt occupation of public place or public service, (4) cause impairment of public utilities, (5) place public in fear of serious bodily injury, or (6) influence government conduct.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Against family/household member or public servantClass A misdemeanor
Causing pecuniary loss to government, school, etc. ≥ $1,500State jail / 3rd degree

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Worked examples

Worked example 1

Terroristic Threat under §22.07 is committed by threatening to commit any offense involving violence with the intent to:

  1. Provoke laughter
  2. Place any person in fear of imminent serious bodily injury (among other listed culpable purposes) Correct
  3. Sell drugs
  4. Recover stolen property
Why: The statute lists several culpable purposes: causing reaction by emergency agencies; placing any person in fear of imminent SBI; preventing/interrupting use of public places or public services; influencing government; or causing impairment of public utilities/communications.
Statute: Tex. Penal Code §22.07(a)
Worked example 2

During an argument, a defendant tells his neighbor: 'I'm coming over there tonight to kill you.' The neighbor closes the door immediately and calls 911. Charge?

  1. Disorderly Conduct — Class C misdemeanor
  2. Terroristic Threat (intent to place another in fear of imminent SBI) — Class B misdemeanor Correct
  3. Assault by Threat — Class C misdemeanor
  4. Harassment — Class B misdemeanor
Why: Terroristic Threat does not require ability or intent to actually carry out the threat — only the intent to place any person in fear of imminent serious bodily injury (or another listed culpable purpose). Class B misdemeanor by default.
Statute: Tex. Penal Code §22.07(a)(2)