"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:
- cause a reaction by an official or volunteer agency organized to deal with emergencies;
- place any person in fear of imminent serious bodily injury;
- prevent or interrupt the occupation or use of a building, room, place of assembly, public place, aircraft, automobile, or other conveyance;
- cause impairment or interruption of public communications, transportation, water, gas, or power supply, or other public service;
- place the public or a substantial group of the public in fear of serious bodily injury; or
- 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
| Theory | Offense 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 servant | Class 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
- Assault by threat or offensive contact · Terroristic threat against a family member
- Protective orders · Penal Code 25.07 — violating a protective order
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.