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"Terroristic threat" is a misleading name for a common Harris County charge that usually arises out of a breakup, a family argument, or a dispute with a neighbor or coworker. No weapon, no injury, and no ability to carry out the threat is required — the offense is complete when the threat is made with one of the intents the statute lists.

What the Statute Prohibits

A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

  1. cause a reaction by an official or volunteer agency organized to deal with emergencies;
  2. place any person in fear of imminent serious bodily injury;
  3. prevent or interrupt the occupation or use of a building, room, place of assembly, public place, aircraft, automobile, or other conveyance;
  4. cause impairment or interruption of public communications, transportation, water, gas, or power supply, or other public service;
  5. place the public or a substantial group of the public in fear of serious bodily injury; or
  6. influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision.

Theory (2) accounts for the overwhelming majority of charges filed in Houston.

Penalties

TheoryOffense level
Threat to place a person in fear of imminent serious bodily injury (general)Class B Misdemeanor
Same, against a family or household member or a public servantClass A Misdemeanor
Emergency-agency reaction (theory 1)Class B Misdemeanor
Interrupting occupation or use of a building or place (theory 3)Class A Misdemeanor, or a state jail felony if pecuniary loss of $1,500 or more results
Interrupting public utilities or services (theory 4)Third-Degree Felony
Placing the public or a substantial group in fear (theory 5)Third-Degree Felony
Influencing government (theory 6)Third-Degree Felony

Because the levels turn on which theory the State pleads, the charging instrument matters enormously — and prosecutors sometimes plead a theory the facts do not support.

The Family Violence Problem

When the complainant is a spouse, dating partner, household member, or relative, a terroristic threat conviction can carry an affirmative finding of family violence. That finding triggers the federal firearm prohibition, bars an order of nondisclosure, and enhances future family violence allegations — the same consequences described on our assault family member page. Avoiding the finding is often more important than avoiding jail.

Defenses

The words did not constitute a threat. Angry, profane, or hyperbolic statements are not automatically threats. Conditional statements ("if you ever...") and vague expressions of frustration frequently fail the statute.

No intent. The State must prove the specific intent the theory requires. Venting to a third party, or a statement never meant to reach the complainant, undermines intent.

Not imminent. Theory (2) requires fear of imminent serious bodily injury. A threat about some indefinite future is a different thing.

Not serious bodily injury. Serious bodily injury means injury creating a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. A threat to slap someone does not qualify.

Credibility and context. These cases are usually one person's word about what was said. Text messages, call recordings, prior inconsistent statements, and motive to fabricate during a custody or divorce dispute are routinely decisive.

Related

Charged in Harris County?

Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.

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Frequently Asked Questions


What is a terroristic threat in Texas?
Despite the name, it has nothing to do with terrorism in the ordinary sense. Under Section 22.07 a person commits the offense by threatening to commit any offense involving violence to a person or property with one of six listed intents — most commonly, intent to place a person in fear of imminent serious bodily injury.
Is a terroristic threat a felony?
It depends on the theory. Most terroristic threat charges are Class B or Class A misdemeanors. The offense rises to a felony when it involves a threat against a public servant, a threat that causes a substantial group of the public to fear serious bodily injury, a threat to influence government, or a threat that causes significant financial loss.
Do I have to actually intend to carry out the threat?
No — and this surprises people. The State does not have to prove you intended or were able to carry out the threat. It must prove you made the threat with the required intent, for example intent to place the other person in fear of imminent serious bodily injury.
Can words alone be a terroristic threat?
Yes. No weapon, no physical contact, and no injury is required. Most Harris County cases arise from text messages, phone calls, or arguments during a breakup or family dispute, and many are charged alongside an assault family member allegation.
Can a terroristic threat charge be dismissed?
Often. These cases turn on the exact words used, the context, and the complainant's actual state of mind. Vague or conditional statements, angry venting, and threats reported second-hand frequently do not satisfy the statute, and the required intent is difficult for the State to prove.

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