What is the Punishment for Terroristic Threat in Texas?

Punishment for Terroristic Threat

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 LevelAction by the Actor
Class BIntent to cause reaction to
person in emergency agency or
to a person fear of imminent bodily
injury
Class AIntent 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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