Terroristic Threats

What Is a Terroristic Threat Under Texas Law?

Texas Penal Code §22.07 defines a terroristic threat more broadly than most people realize. A person commits a terroristic threat if they threaten to commit any offense involving violence to any person or property with specific intent to achieve one of six designated outcomes:

1. Emergency Response: Causing any reaction from official or volunteer emergency agencies
   
   
2. Personal Fear: Placing any person in fear of imminent serious bodily injury
   
   
3. Disruption: Preventing or interrupting the occupation or use of buildings, public places, vehicles, or other conveyances
   
   
4. Public Service Disruption: Causing impairment or interruption of public communications, transportation, water, gas, power, or other public services
   
   
5. Public Fear: Placing the public or substantial group in fear of serious bodily injury
   
   
6. Government Influence: Influencing the conduct or activities of federal, state, or local government

Key Legal Element: The prosecution must prove specific intent—not just that you made a threatening statement, but that you intended to achieve one of these six outcomes.

The offense is classified as a “specific intent” crime precisely because prohibiting speech requires careful balance with constitutional free speech rights.

Common Examples That Lead to Charges

Social Media Posts:
Recent Texas cases include students posting “hoax threats” about school shootings, with children as young as 10 facing felony charges

Relationship Disputes:
Threatening messages sent during breakups or family arguments

School-Related Threats:
Comments about violence that cause school evacuations or lockdowns

Workplace Incidents:
Statements that disrupt business operations or cause evacuation

Is a Terroristic Threat a Felony in Texas?

The classification depends on the specific type of threat and who it targets. Texas law creates a complex penalty structure that can escalate charges from misdemeanors to serious felonies.

Enhancement Factors:

• Family Violence: Escalates Class B to Class A misdemeanor
• Financial Impact: Property threats become felonies when causing $1,500+ in losses
• Target-Based: Threats against peace officers, judges, or public servants face enhanced penalties
• Public Impact: Threats affecting public services automatically qualify as third-degree felonies

Real-Life Examples of Minor Threats Becoming Major Charges

The Social Media School Threat Epidemic

The 2024-2025 school year saw an unprecedented surge in terroristic threat arrests across Texas. In September 2024 alone, at least 40 students across Texas were arrested for school-related threats.

Kerrville Case: A 10-year-old student posted what police called a “hoax threat” on social media threatening a school shooting at Hal Peterson Middle School. Despite being fabricated entirely and intended as a prank, the child was charged with making terroristic threats—a third-degree felony.

This case illustrates how intent to cause alarm or panic can transform what a child considers a joke into serious criminal charges with lifelong consequences.

Social Media Threat Patterns

Common scenarios that lead to terroristic threat charges include:

Relationship Disputes:
Angry text messages during breakups or arguments that contain threats of harm, even when sent in emotional moments without intent to actually carry them out.

Social Media Posts:
Public posts expressing frustration through violent language, particularly those mentioning specific locations or events that could trigger emergency responses.

COVID-Era Threats:
Several North Texas residents faced charges after claiming they had coronavirus and threatening to spread it to others, demonstrating how evolving circumstances create new categories of prosecutable threats.

Real Legal Precedent:
The University of Utah case involving student Meredith Miller, who joked about detonating the campus nuclear reactor if her team lost, demonstrates how even obvious jokes can lead to arrest, $5,000 bail, and university disciplinary proceedings.

How Free Speech Affects Terroristic Threat Cases

The intersection of free speech and criminal threat prosecution creates one of the most complex areas of Texas criminal law. Not all threatening language constitutes a criminal offense, and the First Amendment provides crucial protections.

The “True Threat” Doctrine

The Supreme Court has established that only “true threats”—expression communicated with intent to cause fear of physical violence—fall outside First Amendment protection. This creates important defense opportunities in Texas terroristic threat cases.

Protected Speech Categories:

• Political Hyperbole: Exaggerated political rhetoric
• Conditional Threats: “If you don’t leave me alone, I’ll…”
• Obvious Jokes: Context clearly indicates non-serious intent
• Vague Statements: Lacks specificity regarding violence

Recent Supreme Court Guidance

The Supreme Court’s 2023 decision in Counterman v. Colorado established that prosecutors must prove the defendant had “some subjective understanding of the threatening nature of their statements,” requiring at least reckless disregard for the threatening nature.

Impact on Texas Cases:

• Objective “reasonable person” standard is insufficient
• Prosecution must prove subjective awareness
• Hyperbole and jokes receive stronger protection
• Mental state becomes crucial defense focus

How a Criminal Defense Attorney Can Help

Facing terroristic threat charges requires immediate, skilled legal representation. The complex interplay of intent, constitutional law, and penalty enhancements demands experienced advocacy.

Immediate Legal Protection

Arrest and Booking Defense: Protecting your rights during initial detention and questioning

Bond Negotiations: Securing reasonable bail terms and conditions of release

Evidence Preservation: Ensuring crucial digital evidence isn’t lost or misinterpreted

Prosecutor Communication: Preventing escalation through early intervention

Challenging the Intent Requirement

The prosecution’s burden to prove specific intent creates substantial defense opportunities:

Mental State Analysis: Examining your actual intent versus perceived threat

Context Development: Highlighting circumstances that negate criminal intent

Alternative Explanations: Demonstrating legitimate, non-threatening purposes

Expert Testimony: Utilizing linguistic and psychological experts when beneficial

Fighting Felony Enhancements

When facing enhanced charges, experienced defense counsel can:

Challenge Pecuniary Loss: Disputing claimed financial damages in property cases

Contest Family Violence Findings: Preventing misdemeanor-to-felony escalation

Question Public Impact: Challenging assertions of public fear or service disruption

Negotiate Reductions: Securing lesser charges through plea negotiations

Mental Health Considerations

Texas law recognizes that mental health issues can affect criminal culpability:

Competency Evaluations: Ensuring fitness to stand trial

Mental Health Diversion: Exploring treatment-based alternatives

Mitigation Evidence: Presenting circumstances that warrant leniency

Juvenile Considerations: Addressing developmental factors in youth cases

At McConathy Law, we have successfully defended clients against terroristic threat charges for over 20 years. Our approach combines aggressive advocacy with strategic negotiation to achieve the best possible outcomes.

Juvenile Terroristic Threat Charges in Texas

The disturbing trend of criminalizing childhood behavior has reached alarming proportions in Texas schools. In September 2024, at least 40 Texas students were arrested for school threats, with some as young as 10 years old facing felony charges.

Why Schools Are Arresting Children

The post-Columbine era has created a “zero tolerance” environment where:

• School resource officers treat all threats as credible
• Social media amplifies minor statements into viral “threats”
• District liability concerns drive over-prosecution
• Federal reporting requirements incentivize arrests

Long-Term Consequences for Juveniles

Academic Impact: School expulsion, loss of extracurricular activities, college admission complications, and scholarship disqualification

Criminal Record Effects: Background check revelations, employment barriers, professional licensing restrictions, and military service limitations

⚠️ Critical Timing: Unlike adult cases, juvenile proceedings move quickly. Early intervention by an experienced juvenile defense attorney is essential.

Special Protections for Minors

Texas law provides certain protections for juvenile defendants:

Confidentiality: Most juvenile records remain sealed
Rehabilitation Focus: Treatment options over punishment
Educational Continuity: Alternative schooling arrangements
Expunction Opportunities: Record clearing for eligible cases

Common Defenses to Terroristic Threat Charges

Successful defense requires understanding both the legal elements and practical realities of prosecution. Experienced attorneys employ multiple defense strategies:

Lack of Specific Intent

The Primary Defense: Proving the defendant did not intend to achieve any of the six statutory purposes through comprehensive evidence analysis including context, relationship dynamics, timing, and post-statement behavior.

False Accusations or Misinterpretation

Common Scenarios: Vindictive accusers in relationship disputes, misunderstood sarcasm or humor, cultural or linguistic misunderstandings, and selective quotation removing context.

No Ability to Carry Out Threat

Legal Principle: True threats require some credibility of execution, considering physical capability, access to means of harm, geographic proximity to target, and historical pattern of violence.

Protected Speech Under First Amendment

Constitutional Defenses: Political hyperbole, conditional “if-then” statements, artistic expression (lyrics, poetry, creative writing), and private conversations analyzed for context.

Mental Health and Diminished Capacity

Available Defenses: Mental illness affecting intent formation, medication side effects impairing judgment, developmental disabilities in juvenile cases, and substance abuse impacting mental state.

Contact a Texas Criminal Defense Attorney Today

Don’t let a moment of anger or poor judgment destroy your future. Terroristic threat charges carry serious penalties and lasting consequences that extend far beyond any jail sentence.

At McConathy Law, we understand the stakes. Our 35+ years of combined experience handling violent crime cases gives us unique insight into how prosecutors build these cases and how to defeat them.

Why Choose McConathy Law?

✅ Proven Track Record: Over 1,000 cases dismissed and 300+ “Not Guilty” verdicts in criminal cases

✅ Comprehensive Defense: From pre-charge intervention to trial advocacy

✅ Local Expertise: Deep knowledge of Dallas County courts and prosecutors

✅ 24/7 Availability: Immediate response for arrest situations

The consequences are too severe to handle alone. Our experienced criminal defense attorneys will review all evidence, challenge prosecution allegations, explore constitutional defenses, negotiate for charge reductions, and provide aggressive trial representation when necessary.

📞 Contact our criminal defense lawyer in Dallas at (972) 528-0478 for your free consultation. We’ll review your case, explain your options, and begin building your defense immediately.

Frequently Asked Questions

Is threatening someone a crime in Texas?

Yes. Under Texas Penal Code 22.07, making a threat to harm someone can lead to criminal charges—even if no physical action was taken. The key factor is whether the threat was made with specific intent to cause fear, trigger emergency responses, or disrupt public activities. The severity of charges depends on the target of the threat and the circumstances involved.

Can I go to jail for making a joke?

If your joke is interpreted as a credible threat, especially in schools or public places, you may face criminal charges, including jail time. Recent Texas cases include a 10-year-old charged with felony terroristic threats for a social media joke about school violence. Context matters significantly—what seems obviously humorous to you may appear threatening to others, particularly in sensitive environments like schools.

What should I do if I’m charged with making a terroristic threat?

Don’t speak to police without an attorney present. Anything you say can be used against you, even if you’re trying to explain or apologize. Contact an experienced Texas criminal defense lawyer immediately to start building your defense. Early intervention can often prevent charges from being filed or result in significant charge reductions.

Are terroristic threats in Texas considered violent crimes?

Yes. Even without physical contact, terroristic threat charges are classified under violent crime statutes in Texas, especially when they incite fear or public disruption. This classification affects sentencing, probation eligibility, and long-term consequences including employment background checks and professional licensing.

Can a terroristic threat charge be dropped?

Yes, depending on evidence, context, and available legal defenses. An experienced lawyer can negotiate a dismissal or reduction based on factors like lack of intent, First Amendment protections, or insufficient evidence. Recent Supreme Court decisions have strengthened defenses by requiring proof of subjective intent rather than just objective interpretation. Early legal representation significantly improves the chances of favorable outcomes.

What’s the difference between terroristic threats and assault charges?

Assault by threat (Texas Penal Code 22.01) focuses on threatening immediate bodily injury to a specific person. Terroristic threats (Texas Penal Code 22.07) are broader, encompassing threats intended to cause emergency responses, public fear, or government disruption. Terroristic threats often carry enhanced penalties and are classified as violent crimes regardless of physical contact.

Can social media posts really result in felony charges?

Absolutely. Texas law enforcement has arrested numerous individuals for social media posts, including an 18-year-old charged with felony terroristic threats for an Instagram post about Arlington High School and a 20-year-old facing charges for threatening Thompson Intermediate School. The public nature of social media platforms can escalate charges by demonstrating intent to cause public alarm.

Do I need a lawyer if I’m innocent?

Yes. Innocence doesn’t prevent prosecution, and the legal system is complex. Even innocent statements can be misinterpreted or taken out of context. A skilled attorney can protect your rights, prevent self-incrimination during questioning, and build a strong defense strategy.