Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
(b) An offense under Subsection (a)(1) is a Class B misdemeanor.
(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:
(1) is committed against a member of the person's family or household or otherwise constitutes family violence; or
(2) is committed against a public servant.
(c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge.
(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.
(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.
(f) In this section:
(1) "Family" has the meaning assigned by Section 71.003, Family Code.
(2) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3) "Household" has the meaning assigned by Section 71.005, Family Code.
(g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 139, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 388, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 446, Sec. 1, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.003, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 4, eff. September 1, 2017.
Notes of Decisions
Christopher Allen Gillette v. State, 444 S.W.3d 713 (Tex. App.—Corpus Christi 2014).
· cites it 24× “See Tex. Penal Code Ann. § 22.07 (a)(5), (6) (West, Westlaw through 2013 3d C.”
Olivas v. State, 203 S.W.3d 341 (Tex. Crim. App. 2006).
· cites it 6× “[22] See Tex. Penal Code § 22.07(a)(2). [23] See Tex.”
Smith v. State, 286 S.W.3d 333 (Tex. Crim. App. 2009).
· cites it 2× “[38] TEX. PEN.CODE § 22.07. [39] Appellant's Brief, at 13-14.”
George v. State, 890 S.W.2d 73 (Tex. Crim. App. 1994).
· cites it 4× “A jury convicted appellant of terroristic threat pursuant to TEX.PENAL CODE ANN. § 22.07(a)(2), [1] and the trial court assessed punishment at imprisonment for one hundred and eighty days, probated for two years, and a $1,000 fine.”
Bryant v. State, 905 S.W.2d 457 (Tex. App.—Waco 1995).
· cites it 6× “See TEX.PENAL CODE ANN. § 22.07(a)(2) (Vernon 1994).”
Williams v. State, 194 S.W.3d 568 (Tex. App.—Houston [14th Dist.] 2006).
· cites it 3× “Tex. Penal Code Ann. § 22.07 (a)(2) (Vernon Supp.”
Stults v. State, 23 S.W.3d 198 (Tex. App.—Houston [14th Dist.] 2000).
· cites it 2× “See Tex. Penal Code § 22.07 (Vernon 1994). Had the trial court allowed the questioning, the jury could have become confused and formed the mistaken belief that the relevant inquiry in determining whether the appellant made a terroristic threat was whether the complainant…”
George v. State, 841 S.W.2d 544 (Tex. App.—Houston [1st Dist.] 1992).
· cites it 4× “Before the police arrived, another call came in, but when the answering machine took the call, the caller hung up.”
Ex parte Justin River Carter, 514 S.W.3d 776 (Tex. App.—Austin 2017).
· cites it 2× “See Tex. Penal Code § 22.07(a)(4), (5). According to the record, the allegations set forth in the indictment are based on statements allegedly posted by appellant on the online social networking service Facebook.”
Barnes v. Madison, 79 F. App'x 691 (5th Cir. 2003).
· cites it 3× “The court staff, in contrast, viewed the letter as a threat against them, and Barnes was eventually arrested for making a terroristic threat in violation of Texas Penal Code § 22.07. The governmental reaction to the letter, says Barnes, violated her right to free speech.”
Tex. Penal Code § 22.07(2013): 1 case
Tex. Penal Code § 22.07(6): 1 case
Tex. Penal Code § 22.07(a): 12 cases
Tex. Penal Code § 22.07(a)(1): 2 cases
Tex. Penal Code § 22.07(a)(2): 59 cases
Olivas v. State, 203 S.W.3d 341 (Tex. Crim. App. 2006).
“[22] See Tex. Penal Code § 22.07(a)(2). [23] See Tex.”
George v. State, 890 S.W.2d 73 (Tex. Crim. App. 1994).
“A jury convicted appellant of terroristic threat pursuant to TEX.PENAL CODE ANN. § 22.07(a)(2), [1] and the trial court assessed punishment at imprisonment for one hundred and eighty days, probated for two years, and a $1,000 fine.”
Bryant v. State, 905 S.W.2d 457 (Tex. App.—Waco 1995).
“See TEX.PENAL CODE ANN. § 22.07(a)(2) (Vernon 1994).”
Tex. Penal Code § 22.07(a)(3): 1 case
Tex. Penal Code § 22.07(a)(4): 7 cases
Ex parte Justin River Carter, 514 S.W.3d 776 (Tex. App.—Austin 2017).
“See Tex. Penal Code § 22.07(a)(4), (5). According to the record, the allegations set forth in the indictment are based on statements allegedly posted by appellant on the online social networking service Facebook.”
Tex. Penal Code § 22.07(a)(5): 4 cases
Tex. Penal Code § 22.07(a)(6): 7 cases
Tex. Penal Code § 22.07(b): 2 cases
Tex. Penal Code § 22.07(c): 3 cases
Tex. Penal Code § 22.07(c)(1): 5 cases
State, No. 12-20-00027-CV (Tex. App.—Tyler Apr. 22, 2020).
Tex. Penal Code § 22.07(c)(2): 4 cases
Tex. Penal Code § 22.07(d): 2 cases
Tex. Penal Code § 22.07(e): 2 cases
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