What the State must prove
Under Texas Penal Code 22.07, a person commits terroristic threat by threatening to commit any offense involving violence to a person or property, with a specific intent, such as intent to:
- cause a reaction by police, fire or another emergency agency;
- place a person in fear of imminent serious bodily injury;
- prevent or interrupt the use of a building, public place, workplace or vehicle;
- disrupt public services such as power, water or transportation;
- place the public or a substantial group in fear of serious bodily injury; or
- influence the conduct of a government agency.
How serious is it?
- Class B misdemeanor: the baseline for a threat meant to cause an emergency response or to place someone in fear of imminent serious injury.
- Class A misdemeanor: if the threat is against a family or household member, is family violence, or is against a public servant, or if it is meant to interrupt the use of a building or public place.
- State jail felony: if the threat targets someone the person knows is a peace officer or judge, or a threat to interrupt a place causes a loss of $1,500 or more.
- Third-degree felony: threats meant to disrupt public services, frighten the public, or influence government.
Threats involving schools are usually charged under these same categories. The statute has no separate school level.
Common defenses
- No intent. The question is what you intended when you spoke, not whether the listener was afraid. Texas's highest criminal court has held that intent cannot be determined merely from what the victim thought (Dues v. State, 634 S.W.2d 304 (Tex. Crim. App. 1982)).
- Jokes, venting and exaggeration. Obvious hyperbole or angry venting, said without intent to cause fear, does not meet the intent requirement. Context matters, and conditional statements are judged on their facts.
- Not imminent. For the most common charge, the threat must be meant to cause fear of imminent harm. A vague statement about the distant future may not qualify.
- The First Amendment. Only "true threats" fall outside free speech protection. In Counterman v. Colorado, 600 U.S. 66 (2023), the Supreme Court held that the State must show the speaker had some subjective understanding of the threatening nature of the statements. Texas's statute already requires specific intent, and that intent has to come from the speaker's own state of mind.
What a charge can cost you beyond the case
- Carrying a handgun: a terroristic threat conviction makes it a crime to carry a handgun away from premises you own or control, or outside a vehicle or boat you own or control (or while directly en route to it), for five years after the date the threat offense was committed (Penal Code 46.02(a)).
- License to Carry: a pending Class A or B charge, or a conviction within five years, makes you ineligible, and deferred adjudication counts as a conviction for this purpose.
- Protective orders and bond: in family violence cases, a magistrate can issue an emergency protective order that bars firearms and suspends your license, and bond conditions often include no contact orders. Violating either is a separate crime.
- Seized firearms: a firearm used in the threat can be forfeited on conviction. See getting a seized gun back.
If you are being investigated or were charged
- Do not explain, apologize or post about it. Your own words are usually the State's main evidence.
- Save the full conversation, thread or post, including what was said before and after. Context is often the defense.
- Follow every bond condition and protective order exactly while the case is pending.
Sources: Tex. Penal Code 22.07, 46.02; Tex. Gov't Code 411.171, 411.172; Tex. Code Crim. Proc. arts. 17.292, 18.19; Dues v. State, 634 S.W.2d 304 (Tex. Crim. App. 1982); Counterman v. Colorado, 600 U.S. 66 (2023). Reviewed November 2026. This guide is general information, not legal advice for your situation.