Terrorist Threat Charges in Fort Worth

By Benson Varghese

Several people in North Texas have been arrested recently on charges of making a terroristic threat after claiming they have coronavirus and threatening to spread it.

• Carrolton police arrested a woman after she released Snapchat videos claiming to be positive for COVID-19 and threatening to spread the virus. The videos depict the woman recording herself inside a Walmart and saying she is “about to infest every (expletive).”
• Fort Worth police arrested a man who allegedly coughed on people at a laundromat, and spat in one woman’s face, after claiming to have tested positive for COVID-19.
• And Grapevine police arrested a man who ran up to a patrol officer sitting in his marked police car and allegedly coughed in the officer’s face while claiming to be infected with coronavirus.

In all cases, the threats appeared to be unfounded.

When lawmakers were crafting the statute making a terrorist threat an offense, they likely never envisioned that it would be applied to a pandemic. Still, this is the world in which we live today.

If you or a loved one is facing a charge of making a terroristic threat in Fort Worth or the surrounding cities, it’s urgent that you contact an experienced defense attorney as soon as possible.  Not only can this charge carry stiff penalties, but it also carries with it a stigma that can jeopardize your personal and professional reputation. We can help. Our team of attorneys have decades of experience handling high-profile, high-stakes criminal cases and will work tirelessly to achieve a favorable outcome. Call today for a free consultation with a Fort Worth terroristic threat lawyer.

What is a Terroristic Threat?

In short, terroristic threats in Texas include any threat involving violence to people or property that is meant to cause fear, impair public affairs, or influence governmental activities.

Texas Penal Code Section 22.07 outlines the offense of terroristic threat. It basically states that a person commits terroristic threat if he or she threatens to commit any offense involving violence to any person or property with intent to:

(1) cause an official or volunteer agency organized to deal with emergencies to respond;

(2) cause any person to fear imminent serious bodily injury;

(3) prevent or interrupts the occupation of a public places, including a place of employment or occupation, place of assembly, place of aircraft or automobile;

(4) cause the impairment or interruption of public services, including communications, public transportation, water, gas, or power supply;

(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.

When most people think of terroristic threats, they envision threats of mass shootings, bombings or other acts of domestic terrorism. As you can see from above, terroristic threats can involve less sinister statements.

For example, we routinely see people charged with making a terroristic threat after being accused of making a threat that causes another person to be in fear of imminent serious bodily injury –  notice the word “imminent.” Threats such as “I will f— you up next time I see you,” may not be deemed imminent. Similarly, a threat such as, “I am going to slap you,” will likely not be considered terroristic threat because a slap is not likely to cause serious bodily injury.

What is Serious Bodily Injury?

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What is the Punishment for Making a Terroristic Threat?

The penalties for making a terroristic threat can be a misdemeanor or a felony depending on the classification of the threat.

It is a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine if the defendant:  

• caused impairment or interruption of public communication, public transportation, pubic water, gas, or power supply or other public place.
• placed the public or a substantial group of the public in fear of serious bodily injury.
• influenced the conduct or activities of a branch or agency of the federal government, the state or a political subdivision of the state.

It is a Class A misdemeanor, punishable by up to one year in jail and a maximum $4,000 fine if the defendant:

• prevented or interrupted 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 public places.
  • However, it can be elevated to state jail felony punishable by up to 180 days to two years in a state jail facility if the defendant caused a pecuniary loss of $1,5000 or more to the owner of the building, room, place or conveyance.

It a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine if the defendant:

• caused a reaction to any type to his threat by an official or volunteer agency organized to deal with emergencies.
• placed any person in fear of imminent serious bodily injury.
  • However, it can be elevated to a Class A misdemeanor punishable by up to a year in jail  if committed against a public servant or against a member of the person’s family or household or otherwise constitutes family violence.

Build a Defense Against Terrorist Threat Charges in Fort Worth

If you have been charged with making a terrorist threat, it’s vital to talk to a skilled Fort Worth terroristic threat attorney. Time is of the essence. We will listen to the facts and circumstances and discuss ways to challenge and defend the charges. Sometimes there is a fine line between making a terroristic threat and freedom of speech. Call today to maximize your chances of achieving favorable results.