Texas Penal Code 42.07 – Harassment

WHAT IS HARASSMENT IN TEXAS?

The Texas law against harassment prohibits communicating with another in a manner calculated to annoy, alarm, abuse, harass, torment, embarrass, or offend the recipient of the communications.

• What examples of harassment in Texas? Texas Penal Code Section 42.07 gives eight specific types of conduct prohibited as harassment. A person may be charged with harassment if, with the intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

• • communicates an obscene comment, request, suggestion, or proposal;
  • threatens to inflict bodily injury or commit a felony against another, or another’s family member, household member, or property;
  • conveys a false report that someone has suffered serious bodily injury or death;
  • causes another’s phone to ring repeatedly, or makes repeated telephone communications anonymously;
  • makes a phone call and intentionally fails to hang up or disconnect;
  • permits another to use his or her phone to commit harassment;
  • sends repeated electronic communications with intent to offense another;
  • publishes repeated electronic communications on social media or other website in a manner reasonably likely to cause another emotional distress, abuse, or torment, unless the communications are made in connection with a matter of public concern.

WHAT IS THE HARASSMENT LAW IN TEXAS?

Tex. Penal Code § 42.07. HARASSMENT.

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person’s control to be used by another to commit an offense under this section;

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or

(8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:

(1) the actor has previously been convicted under this section; or

(2) the offense was committed under Subsection (a)(7) or (8) and:

(A) the offense was committed against a child under 18 years of age with the intent that the child:

(i) commit suicide; or

(ii) engage in conduct causing serious bodily injury to the child; or

(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.

WHAT IS THE PENALTY CLASS FOR HARASSMENT IN TEXAS?

Harassment is a Class B misdemeanor by default, punishable by up to 180 days in county jail. If the person has a previous harassment conviction, has previously violated a restraining order or injunction prohibiting cyberbullying, or sends repeated electronic communications to a minor to commit suicide or cause self-inflicted serious bodily injury, harassment is a Class A misdemeanor, punishable by up to a year in jail.

Class B misdemeanor harassment is increased to a Class A misdemeanor by Texas Penal Code Section 12.501 if the offense is committed against a public servant, a member of the public servant’s family or household, or property owned or controlled by a public servant, in retaliation for or on account of the public servant’s status. If the harassment ordinarily constitutes a Class A misdemeanor, the minimum jail time is 180 days if committed against a public servant.

WHAT IS THE PUNISHMENT RANGE FOR HARASSMENT IN TEXAS?

Harassment charged as a Class B misdemeanor carries up to 180 days in jail, and a maximum $2,000 fine. Class A misdemeanor harassment carries up to one year in jail, and a maximum $4,000 fine, unless committed against a public servant, in which case the minimum term of confinement is 180 days in jail.

WHAT ARE THE PENALTIES FOR HARASSMENT IN TEXAS?

A person charged with harassment may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO HARASSMENT IN TEXAS?

The statute does not authorize specific defenses to harassment. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial, or assert, for example, that the law is unconstitutional.

• Does the Texas law against harassment violate the First Amendment? Texas courts have upheld the constitutionality of the harassment statute, because it does not prohibit communication protected by the First Amendment.In Scott v. State, the Texas Court of Criminal Appeals upheld the constitutionality of Subsections 42.07(a)(4) and 42.07(a)(7) prohibiting repeated telephone or electronic communication harassment. The Court determined the law is not a restriction on a person’s legitimate communication of ideas, opinions, or information. Rather, the law prohibits conduct that invades a person’s privacy in an intolerable manner, which is not protected by the First Amendment.

WHAT IS THE STATUTE OF LIMITATIONS FOR HARASSMENT IN TEXAS?

The limitation period for harassment is two years.

HARASSMENT IN TEXAS

Texas law punishes harassment, or conduct that is reasonably likely to annoy, alarm, abuse, torment, offend, embarrass, or be received as threatening bodily injury or other felony against the recipient. Harassment is punishable as a misdemeanor, but may be charged as stalking if a person repeatedly harasses another.

TEXAS HARASSMENT COURT CASES

The case law regarding harassment in Texas illustrates the types of conduct prohibited.

• In Wilson v. State, the defendant left her next-door neighbor six voicemails over a ten-month period, and yelled aggressive comments at her on multiple occasions. The defendant was convicted of telephone harassment, but argued on appeal six calls in ten months was not enough to be considered “repeated” communications. The Texas Court of Criminal Appeals affirmed, finding the amount of calls was sufficient to support the conviction for making repeated calls with the intent to harass, alarm, or annoy the victim.