Legal Question in Criminal Law in Texas

terroristic threat

I would like to know what the statute of limitations is for this charge. Also, could you give me a precise definition of this charge. My 15 year old, learning disabled child told a teachers aid, " If you weren't a girl, I'd probably knock you off your feet." Is this really a "terroristic threat"?

Thanks


Asked on 1/12/98, 1:26 pm

2 Answers from Attorneys

Gerald McDougall Law Office of Gerald McDougall

Statetute of limitations = terroristic threats

This is not a simple question to answer since the Penal Code has several differnet acts which are considered as Terroristic Threats - see PC 22.07 with punishment ranges from a Class "B" Misdemeanor to a class 2 felony. Looking at your facts, I would suspect that - if they can get a juvenile court to transfer jurisdiction to a court of general jurisdiction, it would be as a "B"Misdemeanor, in which case the SL is 2 years from the date of the offense. However, since the accused is under 17,, he is not accused of an offense which would all prosecution as an adult. This, then, would be a juvenile case and I have no expertise in that area at all.

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Answered on 1/14/98, 12:30 pm
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

sl on terroristic threat

Gerald seems right on the money to me. I would think that the juvenile court would require prosecution within 2 years, and it seems to me to be too thin to be accepted for prosecution by any DA, though I am never fully surprised by any lawyer who thinks they can make some stupid case or any child in trouble who does not tell the whole story. If there is more to be told, the answer could change...

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Answered on 1/15/98, 11:04 pm


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