Terroristic Threat in Texas | Houston Terroristic Threat Attorney

A terroristic threat in Texas is a threat of violence made to place someone in fear or to disrupt a place or service — and critically, you do not have to intend, or even be able, to carry it out. Because the crime punishes the threat and the intent behind it, angry words, hyperbole, and venting are frequently charged as terroristic threats. The charge ranges from a Class B misdemeanor to a felony depending on the target and the effect.

If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.07, a person commits a terroristic threat by threatening to commit any offense involving violence with intent to: place a person in fear of imminent serious bodily injury; cause a reaction by an official or volunteer agency that deals with emergencies; prevent or interrupt the use of a building, room, public place, or public utility; place the public or a substantial group in fear of serious bodily injury; or influence government conduct. The State must prove the threat and the specific intent — not any capacity to follow through.

Penalty Range

Type of threat	Offense Level	Punishment
Fear of imminent serious bodily injury	Class B Misdemeanor	Up to 180 days jail; up to $2,000 fine
Against a family/household member or public servant	Class A Misdemeanor	Up to 1 year jail; up to $4,000 fine
Disrupting a building, utility, or emergency service; substantial loss	Class A Misdemeanor to Third-Degree Felony	Up to 1 year jail, or 2 – 10 years prison; fines up to $10,000

How These Cases Are Defended

Not a genuine threat. Hyperbole, jokes, conditional statements, and venting frequently fall short of a true threat of imminent violence.
No required intent. The State must prove you specifically intended to cause fear or one of the other statutory results.
No actual fear. For the fear-based version, whether the alleged victim was genuinely placed in fear can be contested.
Free-speech considerations. Protected speech is not a crime, and we raise constitutional limits where they apply.
False or exaggerated allegations. These charges commonly arise from breakups, family disputes, and workplace conflicts; we expose motive and inconsistency, and pursue dismissal or reduction.

Collateral Consequences

Even a misdemeanor terroristic-threat conviction can appear on background checks and affect employment, housing, and — where a family member is involved — carry family-violence consequences including firearm restrictions. Keeping the charge off your record is usually the goal.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with a terroristic threat in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is a terroristic threat in Texas?

Under Texas Penal Code § 22.07, a terroristic threat is a threat to commit any offense involving violence made with the intent to place a person in fear of imminent serious bodily injury, to cause a reaction by an official or emergency agency, to disrupt a building or place of assembly, to interrupt a public utility or service, or to influence government. No actual violence — and no ability to carry out the threat — is required; the intent behind the threat is what matters.

What is the punishment for a terroristic threat?

It depends on the type of threat. A threat that places a person in fear of imminent serious bodily injury is generally a Class B misdemeanor, elevated to a Class A misdemeanor when the target is a family or household member or public servant. Threats that disrupt places, utilities, or emergency services, or that cause substantial financial loss, can be Class A misdemeanors or felonies up to the third degree.

Do I have to actually intend to carry out the threat?

No — and that surprises many people. The offense punishes the making of the threat with the required intent to cause fear or disruption, not the ability or plan to follow through. That is exactly why context matters so much: angry words, jokes, hyperbole, and venting are frequently misread as criminal threats.

Can words said in anger be a terroristic threat?

They can be charged that way, but not every angry or offensive statement is a crime. The State must prove you intended to place someone in fear of imminent serious bodily injury (or another statutory purpose). Conditional statements, venting, and hyperbole often fall short, and that is a central defense.

How is a terroristic threat charge defended?

Defenses include that the statement was not a genuine threat, that you lacked the required intent, that the alleged victim was not actually placed in fear, free-speech protections, and false or exaggerated allegations arising from a dispute. We examine texts, recordings, and witness accounts closely and pursue dismissal or reduction.