What is a terroristic threat in Texas?
Despite the name, it has nothing to do with terrorism. Under Penal Code §22.07, a terroristic threat is a threat to commit any violent offense made with a specific intent: to place a person in fear of imminent serious bodily injury, to provoke an emergency response, to shut down a building or public place, to disrupt a public service, to frighten the public, or to influence a government body. The everyday version, threatening to hurt someone, is a Class B misdemeanor, up to 180 days in jail. It becomes a Class A when the target is a family or household member or a public servant, a state jail felony against a known peace officer or judge, and a third degree felony when it targets public services, the public at large, or government.
- No act is required. The crime is the threat plus the intent behind it; nobody has to be touched, and the threat does not have to be carried out or even possible.
- Most Dallas County charges come from arguments: a text, a voicemail, a shouted line during a breakup. Family violence versions are Class A and carry the family violence finding.
- Threats aimed at schools, workplaces, or online are charged under the third degree felony subsections and are treated as serious cases regardless of the speaker's age.
- A conviction carries consequences beyond the sentence: a five year carry restriction, and a family violence finding that follows every future case.
- Intent is the whole fight: anger, hyperbole, and a joke are not the same thing as intent to place someone in fear.
Terroristic threat is one of the most frequently filed and least understood charges in Texas, because the name suggests something it is not and because the statute criminalises words. Peter M. Barrett has defended threat, assault, and family violence cases in Dallas County since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide explains what the State must prove, how the six versions are graded, and where the defense is.
Six versions, graded by the intent and the target
| Intent behind the threat (§22.07(a)) | Level | Range |
|---|---|---|
| Provoke a response from an emergency agency (a false bomb or active-shooter call, for example) | Class B misdemeanor | Up to 180 days, $2,000 fine |
| Place a person in fear of imminent serious bodily injury | Class B misdemeanor; Class A if against a family or household member or a public servant; state jail felony if against a known peace officer or judge | 180 days; 1 year; 180 days to 2 years |
| Prevent or interrupt the use of a building, workplace, public place, or vehicle | Class A; state jail felony if the loss is $1,500 or more | 1 year; 180 days to 2 years |
| Impair public communications, transport, water, gas, power, or another public service | 3rd degree felony | 2 to 10 years |
| Place the public or a substantial group in fear of serious bodily injury | 3rd degree felony | 2 to 10 years |
| Influence the conduct of a government body or agency | 3rd degree felony | 2 to 10 years |
The same words can land on different rows depending on who heard them and what the State says the speaker intended. A threat shouted at one person is a Class B; the same threat posted about a school is argued as placing the public in fear, a third degree felony.
What the State must prove
- A threat to commit an offense involving violence to a person or property. Vague anger is not enough; the statement must communicate an intent to do something violent.
- The specific intent listed in the statute. For the common version, intent to place a person in fear of imminent serious bodily injury. "Imminent" is a real word in the statute: a threat about some indefinite future is argued differently from "right now."
- Not that anyone was actually afraid, and not that the speaker could carry it out. The offense is complete with the threat and the intent. That cuts both ways: the State does not need a frightened witness, but it does need to prove what was in the speaker's mind, usually from the words, the context, and what happened before and after.
The family violence version
When the threat is made against a family or household member, a dating partner, or otherwise meets the Family Code definition of family violence, the charge rises to a Class A misdemeanor and the judgment carries an affirmative finding of family violence. That finding is the lasting damage: it enhances any later family violence assault to a felony, bars firearm possession for five years under state law and indefinitely under federal law, and surfaces in custody, housing, and employment checks. These cases are usually charged from a text message or voicemail during a separation, and the family violence guide explains the full set of consequences the finding carries.
Threats online and at schools
A post, a group chat, or a gaming voice channel is a "threat" in the statute's sense the moment it is communicated, and threats involving a school or workplace are charged under the public-fear subsection as third degree felonies. Prosecutors and school police file these quickly and the speaker's age does not change the statute, only the court. The defense in these cases is almost always about intent and context: who the audience was, whether the words were a quotation, a lyric, a game reference, or sarcasm, and what the surrounding messages show. Screenshots without context are the State's version; the full thread is usually the defense's.
What a conviction carries beyond the sentence
- A terroristic threat conviction within the past five years makes carrying a handgun off your own premises a Class A misdemeanor under §46.02, even for adults who could otherwise carry without a license.
- A family violence finding, where it applies, with the firearm and enhancement consequences above.
- A record that reads "terroristic threat" to every employer and landlord who runs a background check, which is why resolving the charge as something else, or nothing, matters more than the jail exposure suggests.
Where these cases are won
- Intent. Hyperbole, venting, and conditional statements ("if you ever touch her again") are argued as something other than intent to place a person in fear of imminent harm.
- Imminence. A threat about the future, or one with no capacity or plan, is not the same as a threat of imminent harm.
- Context and the full record. The complete thread, the prior messages from the complainant, and witnesses to the conversation change the picture more often than not.
- The grading. Whether the complainant is a "family or household member," whether a public servant was acting in an official capacity, and whether the public was genuinely placed in fear are each contestable elements worth a level.
- Companion charges. Terroristic threat is often filed alongside assault or deadly conduct; the defense is built across all of them at once.
Common questions
Is a terroristic threat a felony in Texas?
Usually not. Threatening a person is a Class B misdemeanor, a Class A against a family member or public servant, and a state jail felony only when the target is a known peace officer or judge. The third degree felony versions are reserved for threats that disrupt public services, frighten the public or a substantial group, or aim to influence government.
Can I be charged if I never meant it and never could have done it?
Yes, the charge can be filed; whether it can be proved is the question. The statute does not require the ability or the plan to carry out the threat. It does require the specific intent to place someone in fear of imminent serious bodily injury, and "I never meant it" is exactly the issue a defense lawyer builds the case around, with the context the police report left out.
Is a text message or social media post enough?
Yes. A threat communicated in writing, by voicemail, in a post, or through a third party is a threat under the statute. Written threats are also easier for the State to prove than spoken ones, which is why preserving the whole conversation, not just the screenshot the complainant provided, is the first defense task.
What is the difference between terroristic threat and assault by threat?
Assault by threat under §22.01 is threatening someone with imminent bodily injury, a Class C ticket-level offense. Terroristic threat under §22.07 is a threat of violence made with one of six specific intents, starting at Class B and reaching third degree felony. Prosecutors choose between them based on the words and the target, and that choice is itself something the defense can influence early.
Will a terroristic threat charge affect my right to carry a gun?
A conviction does: for five years after it, carrying a handgun away from your own premises or vehicle is a Class A misdemeanor under §46.02, regardless of permitless carry. If the case carries a family violence finding, state and federal firearm prohibitions apply on top of that.
What should I do if I have been accused?
Do not contact the complainant, do not delete anything, and do not explain yourself to police; "I was just angry" is a statement about intent the State will use. Save the entire conversation and anything that shows the context. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.