13 7 Terroristic Threat

13.7. Terroristic threat West's Key Number Digest West's Key Number Digest, Extortion and Threats 25.1 Legal Encyclopedias C.J.S., Threats and Unlawful Communications §§ 2 to 20

Penal Code Section 22.07 defines the offense of Terroristic Threat.[FN1] It is designed to punish those who cause terror or public inconvenience by threatening to commit violent crimes. It has relatively little historical antecedent in the prior Penal Code.[FN2] It covers both threats, not amounting to assaults, directed to individuals and threats causing public terror or inconvenience.[FN3] In order to commit the offense, an actor must have the specific intent to place any person in fear of imminent serious bodily injury. The actor's intent cannot be determined merely from the victim's reaction. Further, it is not necessary that anyone actually be placed in fear of imminent injury, nor does the accused need to have the present capability or intent to carry out the threat.[FN4] It is only necessary that the accused sought by the threat to elicit a desired reaction of fear of imminent serious bodily injury. It is the intent to cause the desired reaction, not whether the threat is real, that is the offense.[FN5] It is not sufficient however, to merely establish that the defendant issued a conditional threat of future violence.[FN6]

[FNa0] Taos, New Mexico

-------------------------------------------------------------------------------[FN1] V.T.C.A., Penal Code § 22.07. [FN2] Burrell v. State, 541 S.W.2d 615 (Tex.Crim.App.1976). [FN3] Burrell v. State, 541 S.W.2d 615 (Tex.Crim.App.1976). [FN4] Dues v. State, 634 S.W.2d 304 (Tex.Crim.App.1982). See also George v. State, 841 S.W.2d 544 (Tex.App.—Houston [1st Dist.] 1992, pet. granted). [FN5] Jarrell v. State, 537 S.W.2d 255 (Tex.Crim.App.1976). Cook v. State, 940 S.W.2d 344 (Tex.App.—Amarillo 1997, pdr ref'd). This case presents a good discussion of the elements of Terroristic Threat. [FN6] Bryant v. State, 905 S.W.2d 457 (Tex.App.—Waco 1995, pet. ref'd).