Terroristic Threat in Texas: When Words Become a Crime

Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: October 12, 2026

An argument gets heated. Someone says something threatening. A text message goes too far. A person tells an ex, coworker, neighbor, or family member that they are going to hurt or kill them.

When can those words become a crime in Texas?

Texas law recognizes several criminal offenses involving threats, including assault by threat and terroristic threat. Despite its name, a terroristic threat does not necessarily involve terrorism, a bomb threat, a school, or a threat against the general public. A person can potentially face a terroristic threat charge for a threat directed at a single individual.

Under Texas Penal Code Section 22.07, a person commits terroristic threat by threatening to commit an offense involving violence against a person or property with certain specified intentions. One of the most common is making a threat with the intent to place another person in fear of imminent serious bodily injury.

The distinction matters. Texas does not make every angry, offensive, or frightening statement a terroristic threat. What was threatened, how imminent the threatened harm was, how serious the threatened injury was, the circumstances surrounding the statement, and what the speaker intended can all become important issues in a criminal case.

An arrest is not a conviction. The State still has to prove every element of the charged offense beyond a reasonable doubt.

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What Is a Terroristic Threat in Texas?

Texas Penal Code Section 22.07 makes it an offense to threaten to commit an offense involving violence against a person or property with the intent to cause a reaction by an official or volunteer emergency agency, place any person in fear of imminent serious bodily injury, prevent or interrupt the occupation or use of a building, workplace, public place, vehicle, aircraft or other specific location, impair or interrupt public communications, transportation, utilities, or another public service, place the public or a substantial group of the public in fear of serious bodily injury, or influence the conduct or activities of a branch or agency of government.

Many cases involving disputes between individuals fall under the second category: an alleged threat intended to make someone fear imminent serious bodily injury.

This means a terroristic threat charge can arise from an argument between two people. It does not require an alleged plot against the public or government.

Does a Terroristic Threat Mean You Are Accused of Terrorism?

No.

“Terroristic threat” and “terrorism” are distinct offenses under Texas law. A person charged under Texas Penal Code Section 22.07 is not necessarily accused of terrorism in the ordinary sense of the word.

A terroristic threat can involve one person allegedly threatening another person during a private dispute.

That distinction is important because the name of the offense can make the allegation sound very different from what actually occurred.

What Is the Difference Between Assault by Threat and Terroristic Threat?

Texas also has an offense commonly called assault by threat.

Under Texas Penal Code Section 22.01(a)(2), a person commits assault if the person intentionally or knowingly threatens another with imminent bodily injury.

That sounds remarkably similar to terroristic threat, but the elements are different.

Assault by threat focuses on whether the defendant intentionally or knowingly threatened another person with imminent bodily injury.

For a terroristic threat under Section 22.07(a)(2), the State must prove that the defendant threatened to commit an offense involving violence and did so with the specific intent to place someone in fear of imminent serious bodily injury.

Two distinctions are particularly important.

First, assault by threat refers to “bodily injury,” while this form of terroristic threat requires intended fear of “serious bodily injury.”

Second, terroristic threat requires proof of a particular intended result: the defendant intended for the threat to cause someone to fear imminent serious bodily injury.

For example, consider someone yelling during an argument:

“I’m going to punch you in the face.”

Depending on the circumstances, that statement could potentially support an assault-by-threat allegation because it threatens imminent bodily injury.

Now consider:

“I have a gun in my truck. I’m going to shoot you when you walk outside.”

Those circumstances could support a different analysis. Prosecutors could argue that the threat involved violence and was made specifically to cause someone to fear imminent serious bodily injury.

The distinction is not simply that assault is a less frightening threat and terroristic threat is a scarier one. Each offense has statutory elements the State must prove.

What Does “Serious Bodily Injury” Mean?

“Serious bodily injury” has a specific legal meaning in Texas.

It generally means bodily injury that creates a substantial risk of death, causes death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of a bodily member or organ.

That means “serious bodily injury” does not simply mean conduct that is disturbing, dangerous, or associated with a serious criminal offense.

Threatening to kill or shoot someone provides an obvious example of threatened harm that could involve serious bodily injury. Other situations can require a more fact-specific analysis.

For example, a threat of sexual assault is unquestionably serious, but sexual assault itself is not automatically synonymous with the Penal Code definition of serious bodily injury. Likewise, threatening to drug or spike someone’s drink can raise serious criminal concerns, but whether the threatened conduct implicates serious bodily injury can depend on the nature of the threat and the surrounding circumstances.

A statement threatening multiple forms of violence, the use of a weapon, unconsciousness, severe physical injury, or death may present a very different analysis.

Does the Threat Have to Be Immediate?

Texas law uses the word “imminent,” but imminent does not necessarily mean instantaneous.

Texas courts have described imminent harm as harm that is near at hand, impending, or on the point of happening. Courts have explained that “imminent” does not necessarily mean the threatened harm must happen immediately. It generally means the harm is near at hand, impending, or on the point of happening.

There is no simple rule stating that a threat within a certain number of hours is imminent while a threat several days away is not.

Instead, the circumstances matter.

A vague statement such as “one day you’ll be sorry” presents a different question from telling someone, “I’m waiting outside and I’m going to shoot you when you leave.”

Even a threat conditioned on a future event is not automatically incapable of being imminent. Courts can consider the words and surrounding conduct together.

For Section 22.07(a)(2), the important issue is whether the defendant intended to place someone in fear that serious bodily injury was impending or near at hand.

Does the Person Actually Have to Be Afraid?

Surprisingly, no.

Texas courts have held that the victim does not actually have to experience fear of imminent serious bodily injury for a terroristic threat offense to be completed.

The focus is on the defendant’s intent.

Suppose someone sends a message threatening to shoot another person with the specific purpose of terrifying that person. If the recipient happens to believe the sender is bluffing and is not actually afraid, that does not necessarily eliminate the offense.

The reverse is also important.

A person becoming extremely frightened does not, by itself, prove that the defendant possessed the specific intent required for a terroristic threat conviction.

The victim’s reaction may be evidence that helps a jury evaluate the circumstances, but Texas courts have made clear that the defendant’s intent cannot be established merely by what the victim thought.

What If the Person Never Intended to Carry Out the Threat?

A defendant does not necessarily have to intend to carry out the threatened violence.

That can seem counterintuitive.

For Section 22.07(a)(2), the relevant intent is the intent to cause fear of imminent serious bodily injury. Texas courts have held that it can be immaterial whether the defendant actually intended or even had the capability to carry out the threat.

Imagine someone threatens to shoot another person even though the speaker does not actually own a gun.

The lack of a gun could be relevant to the circumstances and the defense, but it does not automatically prevent prosecution if the State can prove the required threat and intent.

In other words, “I was only trying to scare them” is not necessarily a defense to terroristic threat. In some circumstances, trying to cause that particular kind of fear is precisely what the statute prohibits.

How Can Prosecutors Prove Someone Intended to Cause Fear?

Prosecutors rarely have direct evidence of another person’s thoughts.

There usually is not a diary entry explaining that the defendant intended to make someone fear serious bodily injury.

Instead, Texas law allows intent to be proven through circumstantial evidence. A jury can infer intent from a defendant’s acts, words, and conduct.

Evidence prosecutors may rely on can include the specific language used, how detailed the threat was, whether a weapon was mentioned or displayed, the defendant’s physical actions, repeated or escalating communications, knowledge of the alleged victim’s location, conduct immediately before and after the statement, and other circumstances surrounding the threat.

Compare two situations.

During an argument, someone says:

“I’m so mad I could kill you.”

Then the person immediately leaves.

Now consider someone sending:

“I know you leave work at 9. I’m outside. When you come out, I’m going to shoot you.”

If the sender is actually waiting outside, those additional circumstances could provide powerful evidence from which a jury might infer the sender’s intended reaction.

The State still carries the burden of proving the required intent beyond a reasonable doubt.

Can a Text Message or Social Media Post Be a Terroristic Threat?

A threat does not necessarily have to be made face-to-face.

Text messages, direct messages, voicemails, emails, social media posts, photographs sent with threatening messages, and other electronic communications can potentially become evidence in a terroristic threat case.

Texas appellate cases have involved threats communicated through texts and voicemails.

Electronic evidence can sometimes provide more context than a disputed verbal conversation because investigators may be able to review the exact language, timing, repeated communications, photographs, or other surrounding messages.

However, context still matters. A screenshot of a single sentence may not necessarily tell the entire story of a conversation.

Can a Terroristic Threat Happen During a Family Argument?

Yes.

Texas law does not contain an exception for threats made during arguments between spouses, partners, parents and children, siblings, or other family members.

A threat intended to place a family or household member in fear of imminent serious bodily injury can also have increased criminal consequences.

For example, a parent threatening a child can potentially face a terroristic threat allegation if the statutory elements are established.

However, a disturbing statement made during a family argument does not automatically prove terroristic threat.

Context remains critical.

A parent using obvious hyperbole from another room presents a very different factual situation from a parent cornering a child, displaying a weapon, or engaging in other conduct while threatening imminent severe physical injury.

In a family-violence case, the surrounding relationship, prior and subsequent communications, physical conduct, witness accounts, recordings, 911 calls, and other evidence may become important.

Can Terroristic Threat Be Charged Alongside Assault or Other Crimes?

Yes.

Terroristic threat can be prosecuted as a standalone offense when the alleged threat itself constitutes the criminal conduct.

It can also arise as one charge in a larger incident.

For example, if someone allegedly threatens to kill another person and then physically attacks that person, prosecutors may consider separate charges based on the threat and the physical assault.

Likewise, a confrontation involving a threat and a deadly weapon could potentially result in allegations involving terroristic threat, aggravated assault, or other offenses depending on exactly what occurred.

The existence of multiple charges does not mean the State automatically can prove all of them. Each criminal offense contains elements that must be independently supported by the evidence.

Who Decides Whether a Threat Is Charged as Assault or Terroristic Threat?

Law enforcement officers make initial decisions during an investigation about potential offenses and arrests. Prosecutors ultimately decide which criminal charges to pursue through the applicable charging process.

The decision should depend on which statutory elements the evidence supports.

This is important because the same words may look different depending on the surrounding circumstances.

A threat of imminent bodily injury may support assault by threat. Evidence that someone threatened violence specifically intending to cause fear of imminent serious bodily injury may support a terroristic threat allegation.

In some incidents, prosecutors may believe the evidence supports more than one criminal offense.

What Are the Penalties for Terroristic Threat in Texas?

The punishment for terroristic threat depends on which part of Section 22.07 applies and the circumstances surrounding the alleged offense.

A terroristic threat made with the intent to place another person in fear of imminent serious bodily injury is generally a Class B misdemeanor.

A Class B misdemeanor can carry a penalty of up to 180 days in county jail and a fine of up to $2,000.

The offense can become a Class A misdemeanor when the alleged threat is committed against a member of the defendant’s family or household or otherwise constitutes family violence, or in certain cases involving a public servant.

A Class A misdemeanor can carry a penalty of up to one year in county jail and a fine of up to $4,000.

The offense can become a state jail felony when this type of threat is committed against a person the defendant knows is a peace officer or judge.

Other forms of terroristic threat have their own punishment levels. Certain threats intended to interrupt the use of a building or public place may be a Class A misdemeanor and can become a state jail felony under circumstances specified by the statute.

Threats intended to interrupt public services, place the public or a substantial group of people in fear of serious bodily injury, or influence governmental conduct can be third-degree felonies.

Because Section 22.07 covers several very different situations, someone charged with terroristic threat should not assume the potential punishment based solely on the name of the charge.

Charged with a terroristic threat in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Is Terroristic Threat More Serious Than Assault by Threat?

At their baseline levels, yes.

Ordinary assault by threat under Section 22.01(a)(2) is generally a Class C misdemeanor. A Class C misdemeanor is punishable by a fine of up to $500 and does not ordinarily carry jail time.

An ordinary Section 22.07(a)(2) terroristic threat is a Class B misdemeanor, exposing a defendant to as much as 180 days in county jail and a fine of up to $2,000.

Depending on the circumstances, terroristic threat can carry more serious penalties.

Possible Defenses to a Terroristic Threat Charge

The appropriate defense depends on the facts of the case, but several issues can be important.

One major question is whether the State can prove the required intent.

A statement may have been angry, offensive, sarcastic, hyperbolic, taken out of context, or misunderstood without necessarily having been made with the specific intent required by Section 22.07(a)(2).

Another issue may be imminence. The defense can examine whether the evidence actually supports an intent to cause fear of serious bodily injury that was impending or near at hand rather than some indefinite possibility in the future.

The nature of the threatened injury can also matter. For the individual-fear provision, the statute specifically refers to fear of serious bodily injury, not merely any physical harm.

Other cases may involve disputes about what was actually said, who made a message or social media post, whether a recording or screenshot provides the complete context, witness credibility, or whether the State can authenticate electronic evidence.

A defense attorney can also examine whether police and prosecutors selected a charge whose statutory elements actually fit the conduct alleged.

What Should You Do If You Are Accused of Making a Terroristic Threat?

A person accused of making a threat should be extremely cautious about trying to explain the situation directly to the alleged victim, witnesses, or law enforcement without first speaking with an attorney.

Additional texts, calls, direct messages, social media posts, or attempts to “clear things up” can create additional evidence and may make the situation worse.

Preserving existing communications can also be important. The messages before and after an allegedly threatening statement may provide context that a single screenshot does not.

An experienced Texas criminal defense attorney can review the alleged threat, surrounding communications, witness accounts, recordings, physical evidence, and other circumstances to determine what the State can actually prove.

Depending on the facts, an attorney may be able to challenge the charge, seek a reduction, negotiate a favorable resolution, or pursue dismissal.

What Should You Look for in an Attorney for a Terroristic Threat Charge?

A terroristic threat case can turn on details that are easy to overlook.

A defense attorney should understand the distinction between assault by threat and terroristic threat, the specific-intent requirement, the meaning of imminent serious bodily injury, family-violence enhancements, and the rules governing electronic evidence.

The attorney should also investigate the complete context rather than treating one alarming sentence as the entire case.

A larger criminal defense firm may have additional resources to review digital communications, recordings, witness statements, police reports, and other evidence while preparing a defense strategy.

What Could a Terroristic Threat Charge Cost Me?

The consequences of a criminal case can extend beyond the statutory fine.

A defendant may face attorney fees, court costs, time away from work, bond conditions, travel restrictions, and other expenses associated with defending a criminal case.

Family-violence allegations can create additional complications. A criminal accusation may also affect employment, professional licensing, housing, personal relationships, and future background checks depending on the circumstances and outcome.

The cost of representation varies based on the seriousness and complexity of the case. Some criminal defense firms offer payment arrangements that allow legal fees to be paid over time.

Anyone facing a terroristic threat allegation should understand both the potential criminal penalties and the broader consequences before deciding how to proceed.

Frequently Asked Questions About Terroristic Threat in Texas

Frequently asked questions about terroristic threat in Texas.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.