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7.42. Terroristic threat[FN1] [Commencement Form, Ch. 1] A.B., did then and there threaten to commit an offense involving violence, to wit: an assault [or specify act] upon C.D. [or specify and identify property] with the intent then and there to place C.D. in fear of imminent serious bodily injury [or with the intent then and there to cause (specify) an official or volunteer agency organized to deal with emergencies to react to said threat of violence] [or with intent then and there to present and interrupt the occupation and use of (specify), a building or room or place of assembly or place to which the public has access or place of employment or place of occupation or aircraft or automobile or other form of conveyance or other public place] [or with intent to cause the impairment and interruption of public communications (or public transportation, or public water supply, or public gas supply or public power supply, or public service) to wit: (identify)]. [Or] place a substantial group of the public, to wit: [identify] in fear of serious bodily injury [or] influence the conduct and activity of a branch and agency of the federal government [or] state [or] a political subdivision of the state, to wit: [specify]. [Conclusion and Signature Form, Ch. 1] Notes

West's Key Number Digest West's Key Number Digest, Extortion and Threats 30 Legal Encyclopedias C.J.S., Threats and Unlawful Communications § 23

[FNa] Former Presiding Judge, Court of Criminal Appeals, Austin, Texas. [FNb] Former District Attorney and Senior District Judge, Austin, Texas. [FNc] Board Certified Criminal Law Specialist, Austin, Texas and Past President of the Texas Defense Lawyers Association.

-------------------------------------------------------------------------------[FN1] V.T.C.A., Penal Code § 22.07. V.T.C.A ., Penal Code § 22.07(a)(5) and (6) as added by Acts of the 78th Leg. effective 9/½003. Capability to carry out threat is not essential element of offense of terroristic threats. Jarrell v. State, 537 S.W.2d 255 (Tex.Cr.App.1976). Burrell v. State, 541 S.W.2d 615 (Tex.Cr.App.1976).

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