Harassment

What Constitutes Harassment Under Texas Law

Texas Penal Code § 42.07 defines harassment as intentionally sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; making obscene comments or requests; threatening to inflict bodily injury; or publishing certain private information. The conduct must be intentional and directed at a specific person.

Electronic Harassment and Social Media

Harassment through text messages, emails, social media posts, and other electronic communications is increasingly common. Texas law specifically covers electronic communications, and digital evidence is frequently used to prosecute these cases. An attorney can challenge the admissibility and interpretation of electronic evidence.

Harassment vs. Stalking

Harassment is a misdemeanor involving a course of conduct. When harassment escalates to a pattern of conduct that causes the victim to fear bodily injury or death, it can be charged as stalking, which is a felony. Understanding the distinction is important for building an effective defense.

Penalties and Consequences

A Class B misdemeanor harassment conviction carries up to 180 days in jail and a $2,000 fine. A Class A misdemeanor carries up to 1 year in jail and a $4,000 fine. Beyond criminal penalties, a harassment conviction can affect employment, professional licenses, and personal relationships.

Potential Penalties

• › Class B misdemeanor: Up to 180 days jail, $2,000 fine
• › Class A misdemeanor (repeat or protected victim): Up to 1 year jail, $4,000 fine
• › Permanent criminal record
• › Possible protective order

Possible Defenses

• › The communication was not intended to harass
• › First Amendment protected speech
• › Lack of intent to harass or alarm
• › The alleged victim is not credible
• › Insufficient evidence of the conduct
• › Mistaken identity

Frequently Asked Questions