False School Bomb Threats in Texas: A Growing TrendFalse School Bomb Threats in Texas: A Growing Trend

In recent months, there have been multiple news reports of hoax bomb threats made in Texas schools. 

In March 2025, three schools in the Hurst-Euless-Bedford (HEB) district were evacuated after a false bomb threat was made Dallas-Fort Worth’s NBC affiliate reported that authorities did not find any explosives. That threat was “generalized in nature and determined not to be credible.”

And in September 2024, the Georgia Bureau of Investigation reported that a minor from Texas was responsible for two hoax bomb threats in their state. The minor reportedly sent electronic messages to two different schools in Georgia, falsely claiming that bombs were on the campuses. 

It is a crime to knowingly make a hoax bomb threat in Texas. Note that minors are not “above the law” when it comes to false bomb threats, and may face criminal consequences.

Read on to learn more about Texas bomb threat laws, including what to do if you or your child is accused of knowingly making a hoax bomb threat, and why it’s necessary to contact an attorney.

Texas Hoax Bomb Threat Laws

In Texas, it is a crime to “knowingly” make “false or baseless” reports of a bomb in not just schools, but in any location. 

Texas Penal Code, Section 42.06 False Alarm or Report.

The Texas false bomb threat law can be found in Texas Penal Code, Sec. 42.06, which states, in part:

“(a)  A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:

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

(2)  place a person in fear of imminent serious bodily injury;  or

(3)  prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.”

In Texas, making a false bomb report at a public or private school is a state jail felony, for which the penalties are confinement in a state jail for a term of anywhere from 180 days to 2 years and a fine of up to $10,000.

My child is accused of making a false bomb threat: What to do next

Learning that your child (or anyone) is facing allegations of making a hoax bomb threat is no doubt stressful. The most important thing to do is remain calm, and then take the following steps to preserve the accused’s legal rights.

Don’t talk to law enforcement

Attempting to clear up a misunderstanding may seem like the responsible thing to do. However, there is absolutely no benefit to speaking with the police or other law enforcement.

Investigators often have their own agendas. If you or your child are being questioned, the prosecution is likely already building their case against you. 

Invoke your right to remain silent.

Don’t speak with school officials

There is a lot at stake if a child is accused of making a fake bomb threat. The school may suspend or even expel the student, limiting their educational opportunities. 

However, just like law enforcement, school officials may have their own agenda. Do not speak to anyone at the school and refer them to your lawyer.

Don’t voluntarily hand over smartphones, computers, or other devices

You should never agree to a voluntary search and seizure. You have a right to privacy. State a firm but polite, “No, I do not consent to this search and seizure.

Law enforcement must have a valid search warrant to search your residence, vehicle, or workplace and to confiscate your belongings.

Contact a bomb threat defense lawyer as soon as possible

The sooner you contact an attorney, the sooner they can start building your defense strategy. 

Know that you do not have to wait until formal charges or an arrest to contact an attorney. It’s wise to speak with an attorney at the first inkling you or your child may be accused of making a false bomb threat.

Affirmative Defenses for Hoax Bomb Threats

After reviewing the facts of your case and your specific circumstances, an attorney can recommend how to proceed. There are several possible affirmative defenses to making a false bomb threat.

A lack of evidence or illegally obtained evidence

There may be no evidence or insufficient evidence upon which the prosecution can build their case.

Additionally, evidence that was obtained illegally may be thrown out of court.

A lack of criminal intent 

Texas Penal Code, Section 42.06 states that it is a crime to report a bomb threat that one knows is “false or baseless.” 

It is not a crime to report a possible bomb threat or other emergency that you believed to be real.

A lack of a threat 

Whatever events took place do not meet the criteria for Texas Penal Code, Section 42.06.

Remember, in a criminal case, the burden is on the prosecution to prove that the accused broke the law.

Texas Hoax Bomb Threats: Frequently Asked Questions

What is Penal Code 42.06 in Texas?

The law states that it is a Class A misdemeanor to knowingly initiate, communicate, or circulate a false report about a bomb or certain other types of emergencies. 

However, if the threat involves a public or private school, the alleged actor may be charged with a state jail felony.

How does Texas handle hoax bomb threats made by students?

In a word, “seriously.” As noted above, in September 2024, a 12-year-old in Texas was prosecuted for making false bomb threats at two Georgia schools.

According to the Texas Juvenile Justice Department, minors who are at least 10 years old but not yet 17 at the time of an alleged criminal act may face charges in the state’s juvenile system.

Students may face consequences at their school as well, including suspension or even expulsion.

Can a student be punished for making a false bomb threat as a joke?

Yes. Texas Penal Code Section 42.06 states that it is a crime for an individual to “knowingly” make a bomb threat that is “false or baseless,” including a so-called joke or prank.

While a young person may think it is amusing to have a day off school, false bomb threats are anything but funny. When such threats are made, students and staff fear they are in harm’s way, and EMS personnel and law enforcement spend considerable money and working hours investigating these claims.

Bomb Threat Defense Attorney in Collin County, Texas

Attorney Kent Starr has built a reputation for defending individuals facing serious felony charges. Just take a few minutes to watch past client testimonials and read through past client reviews.

What sets Attorney Starr apart from other defense attorneys is that his default strategy is not a plea bargain. If bringing your case in front of a judge or jury is in your best interest, he has the skills, determination, and resources to do so.

Attorney Starr wants the same thing you do — the best possible case outcome that has the least impact on your future and your loved ones. 

In addition to having hundreds of positive ratings on Google, Attorney Starr is also a bail bonds attorney. Not all criminal defense law firms have the financial resources to offer this service.

If you are in jail, one call can start your legal representation and secure your release. Contact Starr Law, P.C. today at 214-982-1408.

References

Texas Penal Code, Chapter 12. Punishments

Texas Penal Code, Section 42.06 False Alarm or Report

A bomb threat forced three HEB ISD schools to evacuate Wednesday

12-Year-Old from Texas Charged for Making School Bomb Threats in Southwest Georgia