Legal Question in Criminal Law in Texas

if someone makes a verbal threat over the phone and is three hours away can the other party press verbal assult charges?

Diana


Asked on 4/18/11, 12:33 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You apparently recognize the issue - the distance. I have provided the law relevant to terroristic threat below. The problem is whether the threat places one in fear of IMMINENENT serious bodily injury. Guess it depends on the content of the threat - "I'm on my way to kill you" might work.

Even if the cops don't think it is imminent enough, a couple of these types of calls could be considered harassment.

(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; or

(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; or

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.

(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. An offense under Subdivision (4) of Subsection (a) is a felony of the third degree.

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Answered on 4/18/11, 1:27 pm


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