Watch What You Say! Threatening Violence Could Lead to Terroristic Threat Charges.


IMG_2922BHouston Terroristic Threat Defense

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Texas Penal Code, Section 22.07 – Terroristic Threat

CHAPTER 22. ASSAULTIVE OFFENSES

§ 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.
[EDITOR’S NOTE: It seems that the Texas Legislature passed two different versions of subsection (b).]
(b)  An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor, except that an offense under Subdivision (2) of Subsection (a) is a Class A misdemeanor if the offense is committed against a member of the person’s family or household or otherwise constitutes family violence or if the offense is committed against a public servant.  An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor.  An offense under Subdivision (4), (5), or (6) of Subsection (a) is a felony of the third degree.
(b)  An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor.  An offense under Subdivision (3) of Subsection (a) 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.  An offense under Subdivision (4), (5), or (6) of Subsection (a) is a felony of the third degree.
[EDITOR’S NOTE: It seems that the Texas Legislature passed two different versions of subsection (c).]
(c)  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.
(c)  The amount of pecuniary loss under Subsection (b) 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.

 

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