Question for a legal eagle

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
TEX
Senior Member
Posts: 306
Joined: Fri Dec 24, 2004 6:02 pm
Location: Texas

Question for a legal eagle

Post by TEX »

If someone makes a verbal threat like "I am going to shoot you", "I should get my gun and shoot you", etc. what statues have they violated (state or federal) other than possibly disturbing the peace, etc. Would it qualify as a terrorist threat? Could a restraining oder be obtained over such a threat?

Thanks - TEX
There will be no peace until they love their children more than they hate us - Golda Meir
User avatar
seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Re: Question for a legal eagle

Post by seamusTX »

Penal code § 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:
(2) place any person in fear of imminent serious bodily injury;
This is a very subjective charge. People say things like, "I'm gonna kill you," in jest all the time. If the threat is made in a credible way, particular by a man to a woman, it could be the basis of a restraining order.

This is a class B misdemeanor in general, and a class A misdemeanor if the target of the threat is a family member or public servant. It becomes a felony if the threat causes a substantial financial loss, such as a mall being closed.

- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
Post Reply

Return to “General Texas CHL Discussion”