940-580-2899

Harassment

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Harassment”, as per § 42.07 of the Texas Penal Code, occurs when a person, 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; or

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

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

  • the actor has previously been convicted under this section; or
  • the offense was committed under Subsection 7) and:
  • the offense was committed against a child under 18 years of age with the intent that the child commit suicide, or engage in conduct causing serious bodily injury to the child; or
  • the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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