Under the laws of the State of Texas, a terroristic threat is defined as a threat to commit a violent offense against other individuals or property with the intent to cause one or more of the following:
- Put an individual in fear of imminent serious bodily harm;
- Place the general public or a significant portion of the general public in fear of serious bodily harm;
- Interrupt or prevent the use or occupation of a(n):
- room;
- building;
- place of general assembly;
- place of employment;
- aircraft;
- automobile;
- place that the public can access;
- other public place;
- Trigger a reaction from any type of official or volunteer agency that is tasked with handling emergency situations;
- Interrupt or impair public communications, various modes of public transportation, public utilities, for example, public water, gas, electricity, or other public services; or
- Influence the behavior or actions taken by:
- an agency or branch of the federal government;
- the Texas government;
- political subdivision in the state.
The legal consequences for engaging in this type of behavior may range from having to pay criminal fines to serving a prison sentence of up to ten years or more in a state prison facility. If an individual is facing charges for a terroristic threat in Texas, it is in your best interests to consult with a local Texas attorney as soon as possible.
Does Texas Have a Law Outlawing Terroristic Threats?
Yes, Texas has a law that outlaws terroristic threats. It is important to be aware that this does not mean that all conduct related to a terrorist threat will be punishable.
The laws governing terroristic threats must follow a fine line between rightfully punishing individuals who are dangerous and allowing United States citizens to exercise their right to freedom of speech under the First Amendment to the United States Constitution.
Under Texas law, the individual’s conduct must have corresponded with one of the specific intents listed above at the time they made the terroristic threat. In other words, an off-the-cuff remark, such as, “I would punch them if I could,” would not likely be considered a terroristic threat under Texas laws.
In contrast, if an individual threatens to destroy a state power grid unless a government official gives them money, it would likely be considered a terroristic threat in Texas. In order for an individual to be convicted of terroristic threats in Texas, the prosecution needs to show the following elements:
The defendant threatened to commit a violent act against certain individuals or property;
The defendant intended to cause one or more of the listed reactions to occur by making that threat; and
The prosecution has met the legal burden of proof for such cases beyond a reasonable doubt standard.
It is important to note that these requirements also apply in cases of terroristic threats in school and other types of juvenile terroristic threats.
Is Making a Terroristic Threat the Same as Making a False Report of Terrorism?
No, terroristic threats are not the same as making a false report of terrorism in Texas. Making a false report of terrorism is a very narrow crime that requires the prosecution to prove four elements, including:
- That the defendant filed a false report about a threat or an act that would be considered terroristic in nature;
- That the defendant knew that the terroristic act or threat was untrue when they made the report;
- The defendant must have communicated the false threat or act to another individual or to law enforcement;
- The defendant must have committed this crime with the intent to cause fear or panic to others.
In Texas, making a false report is, in general, only punishable in one of two ways, either as a Class B misdemeanor or a Class C misdemeanor. It is important to note that the offense will only be classified as a Class C misdemeanor if a false report is made about a missing child or individual.
In these cases, the punishment will typically involve only criminal fines.
What Criminal Sentence Can I Get for Making a Terroristic Threat?
Typically, the sentence for a defendant convicted of making terroristic threats in Texas may include:
- A jail sentence of up to 180 days for those charged and convicted of a Class B misdemeanor;
- A jail sentence of up to one full year for those charged and convicted of a Class A misdemeanor;
- A prison sentence of up to 10 years or longer for those charged and convicted of a third-degree felony offense.
In some situations, a defendant may be able to have the length of their sentence redacted or even have their charges dropped. This will depend on the facts of each specific case as well as whether there are any available legal defenses.
Common defenses to making a terroristic threat charges include:
- Proving that the defendant’s conduct was protected by the First Amendment to the U.S. Constitution;
- Demonstrating that there was no credible intent to follow through with the threat that was made;
- Claiming that the threat was intended as a joke and that no reasonable individual would conclude that the threat was credible or possible;
- Proving that law enforcement arrested and charged the wrong defendant;
- Showing that the prosecution did not have strong enough evidence for a conviction; or
- Arguing that the prosecution did not meet its burden of proof.
When Is Making Threats of Terrorism a Misdemeanor?
The Texas Penal Code provides that making terroristic threats is charged as a misdemeanor offense, specifically, either a Class A or Class B misdemeanor, under the following circumstances:
- If the terroristic threat triggered a reaction from any official or volunteer agency tasked with handling emergency situations;
- If it placed any individual in fear of imminent serious bodily harm; or
- If it interrupted or impaired public communications, utilities, transportation, or any other public service, with damages below the cost of $1,500.
The offense will be charged as a Class A misdemeanor if either the first or second intent listed above is involved against a family member or public servant. The third intent in the list above will automatically become a Class A misdemeanor unless the damages amount to $1,500 or more.
The crime will be charged as a felony in cases that result in damages of $1,500 or more. A defendant who is convicted of a Class A misdemeanor for making terroristic threats may face:
- U to $4,000 in criminal fines;
- A jail sentence of less than one year in jail;
- A combination of both.
A defendant who is convicted of a Class B misdemeanor for this offense may face:
- Criminal fines of up to $2,000;
- Up to 180 days in jail;
- A combination of both.
The penalties imposed for Class B misdemeanors are less severe than those for Class A misdemeanors, as Class A misdemeanors are typically more serious.
When Is This Crime a Felony?
Pursuant to the Texas Penal Code, making terroristic threats may be charged as a felony if:
- The defendant intended to interrupt or prevent the occupation or use of a particular venue;
- Their actions resulted in $1,500 or more in damages.
A defendant may be convicted of committing a felony terroristic threat. In that case, they will be punished in accordance with the applicable statute. The defendant may face a prison sentence of one year or more in a Texas state prison facility.
This offense may be punished as a third-degree felony if it involves any of the following intended conduct:
- It caused an interruption or impairment to:
- public communications;
- public utilities;
- public transportation;
- any other public services;
- It placed the public or a portion of the public in fear of serious bodily harm; or
- It influenced the activities of a:
- federal, state, or local branch of government;
- government agency;
- political subdivision of Texas.
A conviction based on any of these intentions may result in a maximum criminal fine of at least $10,000 and a prison sentence of up to 10 years or longer, depending on the circumstances of the specific criminal case.
Do I Need a Lawyer for Help with Terroristic Threat Charges in Texas?
If you have been charged with making a terroristic threat in Texas, it is essential to consult with a Texas criminal lawyer. These are very serious charges, and you can face severe legal consequences, including substantial criminal fines, prison sentences, and a permanent criminal record.
Your lawyer can explain your legal rights as well as the protections provided to you under Texas laws. Your attorney will present any available defenses in your case as well as a petition for alternative sentencing on your behalf, if available in your case.
