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The punishment for Terroristic Threat in Texas depends on the circumstances. It is generally a Class B misdemeanor against a person. It is a Class A misdemeanor if it involves a family member. If there is a $1,500 or more pecuniary loss to a location’s use or against a known peace officer or judge it is a State Jail Felony. It could also be a 3rd Degree Felony if it interferes with public works, places the public in fear of serious bodily injury, or influences activities of a government agency.
| Offense Level | Action by the Actor |
| Class B | Intent to cause reaction to person in emergency agency or to a person fear of imminent bodily injury |
| Class A | Intent to cause fear of imminent bodily injury toa family member |
| State Jail Felony | Causes $1,500 or more damage for the interruption of a place open to the public or intent to place a peace officer or judge in fear of serious bodily injury |
| 3rd Degree Felony | Interruption of public works, places public in fear of imminent serious bodily injury, or influences the conduct or activities of a government agency |
What is an Example of a Terroristic Threat?
A Terroristic Threat at the Class B Misdemeanor level causes a reaction of ANY type to anyone in an agency dealing with emergencies. It also qualifies if its intent is to place a person in fear of imminent serious bodily injury.
What is Fear of Imminent Serious Bodily Injury?
Texas case law defines “Imminent” as ‘near at hand; mediate rather than immediate; close rather than touching; impending; on the point of happening; threatening; menacing; perilous.’
It is not necessary for an offense to occur that the victim was placed in fear of imminent serious bodily injury although that helps prove the case. The accused merely having intent to cause fear of imminent serious bodily injury creates an offense of Terroristic Threat.
Does Fear Help Prove Terroristic Threat?
Fear is an emotion induced by perceived danger or threat. If the victim is in fear then all that remains is to analyze the acts, words, and conduct of the actor to infer intent. Fear is not required but it helps prove imminence of serious bodily injury regardless if it was a real or carried out threat.
Sometimes these cases involve assault and domestic violence. Call or message us in the contact form. Austin Assault Defense Lawyer Eric Torberson is ready to help.
Conclusion
There will be a lot of facts to cover to determine whether or not terroristic threat has occurred. Most of the time these instanced involve heightened emotions and a resulting over reaction.
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