Is Terroristic Threat a Felony in Texas?
The State of Texas takes a strict approach to crimes involving threats and intimidation. When it comes to terroristic threats, the consequences can be severe. In this article, we will delve into the details of what constitutes a terroristic threat in Texas, the consequences of committing such a crime, and whether it is a felony.
What is a Terroristic Threat?
A terroristic threat is defined in Section 22.07 of the Texas Penal Code as:
- "A statement that is intended to be communicated to another person" that
- "Causes that person to reasonably fear" that
- "Serious bodily harm or death will be inflicted on them or another"
What Constitutes a Terroristic Threat in Texas?
In Texas, a terroristic threat can take many forms. Here are some examples:
• Verbal threats: A verbal statement that could reasonably be interpreted as a threat of harm or injury to oneself or another.
• Written threats: A written message that contains a threat of harm or injury.
• Electronic threats: A threat communicated via email, text message, social media, or other digital platforms.
• Indirect threats: A threat that is communicated indirectly, such as through a third party or by conveying a threat through a code or metaphor.
Consequences of Committing a Terroristic Threat in Texas
Committing a terroristic threat in Texas is a serious offense that carries severe penalties. Here are the potential consequences:
| Penalty | |
|---|---|
| Class C Misdemeanor | Up to $500 fine |
| Class B Misdemeanor | Up to $2,000 fine, up to 180 days in jail |
| Class A Misdemeanor | Up to $4,000 fine, up to 1 year in jail |
| Felony of the Third Degree | Up to $10,000 fine, 2-10 years in prison |
Is Terroristic Threat a Felony in Texas?
In most cases, a terroristic threat in Texas is not a felony. However, if the threat is directed at a public servant or is accompanied by a firearms violation, it can become a felony. Here are some scenarios where a terroristic threat can become a felony:
• Public Servant Threat: A threat directed at a public servant, such as a police officer, judge, or emergency medical technician, can elevate the offense to a felony.
• Firearms Violation: If the threat is accompanied by a firearms violation, such as brandishing a firearm or possessing a weapon while under the influence of alcohol, the offense can become a felony.
Defenses to a Terroristic Threat Charge in Texas
If you have been charged with a terroristic threat in Texas, it is essential to understand that there may be defenses available to you. Here are some common defenses:
• False Allegations: If the alleged victim’s allegations are false or based on hearsay, a defense attorney may be able to dispute the charges.
• Misunderstanding: If the alleged threat was not meant to be taken seriously or was misinterpreted, a defense attorney may be able to argue that the offense did not occur.
• Lack of Intent: If it can be shown that you did not intend to threaten or harm anyone, a defense attorney may be able to argue that the elements of the offense were not met.
Conclusion
In conclusion, a terroristic threat in Texas can carry significant consequences, ranging from fines and imprisonment to even longer sentences if committed in specific circumstances. Understanding what constitutes a terroristic threat, the potential penalties, and the defenses available can help you navigate a terroristic threat charge and make informed decisions about your case. If you or a loved one has been charged with a terroristic threat in Texas, it is essential to consult with a knowledgeable and experienced defense attorney who can help guide you through the legal process.
