Harassment Under the Texas Penal Code: What You Need to Know
Understand how Texas law defines and addresses harassment, including legal boundaries, enforcement practices, and possible defense strategies.
Harassment allegations in Texas can lead to significant legal and personal repercussions, stemming from actions that might not initially appear criminal. Accusations, whether involving in-person behavior or digital interactions, can impact a person’s employment, relationships, and future prospects.
Understanding Texas law regarding these claims is crucial for anyone involved. This article outlines key elements of harassment under the Texas Penal Code, clarifying the offense, potential consequences, and related legal processes.
Conduct Prohibited by the Statute
Under Texas Penal Code Section 42.07, harassment occurs when a person acts with the specific intent to “harass, annoy, alarm, abuse, torment, or embarrass” another and engages in certain prohibited behaviors.1Texas Legislature Online. Penal Code Chapter 42. Disorderly Conduct and Related Offenses
The law specifies several actions that constitute harassment when performed with this intent. These include initiating communication and making an obscene comment or proposal, defined as patently offensive descriptions of sex acts or excretory functions. Threatening, in a manner reasonably likely to alarm the recipient, to inflict bodily injury or commit a felony against the person, their family, household, or property is also prohibited.
Other specified conduct includes knowingly conveying a false report that someone has died or suffered serious bodily injury, likely causing alarm. The statute also covers telephone harassment, such as causing another’s phone to ring repeatedly or making repeated anonymous calls in a manner likely to harass or offend. Making a call and intentionally failing to hang up, or knowingly allowing someone else to use a phone under one’s control for these purposes, are also violations.
Electronic Communication Violations
The Texas Penal Code addresses harassment committed through electronic means. A person commits an offense if, with the intent to harass or cause similar distress, they send repeated electronic communications in a manner reasonably likely to achieve that effect.
“Electronic communication” is defined broadly, covering transmissions of signs, signals, writing, images, sounds, or data via systems like wire, radio, or the internet. This includes email, instant messages, network calls, faxes, and messages sent to pagers, ensuring that various digital platforms fall under the law’s scope.
The law also specifically addresses online platforms. Publishing repeated electronic communications on a website or social media platform in a manner likely to cause emotional distress, abuse, or torment is prohibited, unless the communication relates to a matter of public concern, as defined elsewhere in Texas law.
Recent amendments target the use of anonymizing technology, prohibiting obscene, intimidating, or threatening electronic communications made from temporary or disposable numbers provided by internet applications, when done with the intent to harass.2Texas Legislature Online. HB 1427 Bill Text (88th Legislature) Texas courts have generally upheld these provisions, focusing on the regulation of harassing conduct rather than protected speech, viewing it as an invasion of privacy.3Justia. Ex Parte Charles Barton, Texas Court of Criminal Appeals (2022)
Penalties
A conviction for harassment under Texas Penal Code Section 42.07 typically results in a Class B misdemeanor. This carries a potential penalty of up to 180 days in county jail, a fine up to $2,000, or both.
The charge can be elevated to a Class A misdemeanor under certain conditions. If the defendant has a previous conviction for harassment under the same section, the offense becomes a Class A misdemeanor, punishable by up to one year in jail, a fine up to $4,000, or both.
The offense is also elevated to a Class A misdemeanor if the harassment involved threats of bodily injury or a felony against the recipient, their family, household, or property, and the recipient was a family member, household member, or someone in a dating relationship with the actor. Similarly, if repeated electronic communications or website postings were directed at a child under 18 with the intent that the child commit suicide or suffer serious bodily injury, the charge becomes a Class A misdemeanor.
Penalties can reach the level of a state jail felony if the conduct qualifies for a Class A misdemeanor enhancement (due to threats against family/dating partners or targeting a minor for self-harm) and the actor has a prior harassment conviction. A state jail felony is punishable by 180 days to two years in a state jail facility and a potential fine up to $10,000.4Texas Legislature Online. Penal Code § 12.35. State Jail Felony Punishment
Protective Orders
Individuals experiencing harassment, particularly involving threats or repeated unwanted contact, can seek court orders for protection beyond criminal charges. These protective orders establish legal boundaries for the person accused of harassment.
One route, often used when harassment involves family, household members, or dating partners, is through Title 4 of the Texas Family Code.5Texas Legislature Online. Family Code Title 4. Protective Orders and Family Violence These orders are based on findings of “family violence,” which can include acts or threats causing fear of physical harm. Applications are typically filed where the applicant or respondent resides, or where the violence occurred.
For harassment or stalking situations not involving family violence, Chapter 7B of the Texas Code of Criminal Procedure allows victims of stalking, sexual assault, or trafficking to apply for a protective order.6Texas Legislature Online. Code of Criminal Procedure Chapter 7B. Protective Order for Victims of Certain Offenses The court must find reasonable grounds to believe the applicant is a victim of such an offense.
The process usually starts with filing an application detailing the alleged conduct. If the application shows immediate danger, a court may issue a Temporary Ex Parte Protective Order without notifying the respondent first, offering immediate protection for up to 20 days.7Texas Courts. Protective Orders FAQ A hearing follows, where both sides present evidence before a judge decides on a final protective order.
A final order imposes restrictions, commonly prohibiting further harassment or violence, communication, approaching the protected person’s locations, and possessing firearms. Family Code orders typically last up to two years, while Chapter 7B orders for stalking or sexual offenses can potentially last longer, even lifetimes, depending on the court’s decision. These orders provide a civil remedy aimed at preventing future harm.
Police Investigation Steps
When police receive a harassment complaint under Texas Penal Code Section 42.07, they investigate to see if the conduct meets the legal definition. Officers typically interview the complainant to gather details about the actions, frequency, alleged harasser’s identity, and the impact on the complainant (feeling harassed, annoyed, alarmed, etc.).
Investigators then collect evidence to corroborate the report and establish the offense elements. This may involve obtaining copies of messages, emails, posts, voicemails, or phone records, and interviewing witnesses. For electronic harassment, investigators might need subpoenas or warrants to get records from service providers or platforms.
Assessing the suspect’s intent is crucial, as the law requires proof of intent to “harass, annoy, alarm, abuse, torment, or embarrass.” The content, pattern, and context of the actions are analyzed. Evidence suggesting intent could include repeated contact after requests to stop, offensive language, or using anonymizing tools. Investigators usually try to interview the accused person to get their side of the story, advising them of their rights if questioned in custody.
After gathering information, the officer compiles a report assessing if probable cause exists—a reasonable belief that the suspect committed harassment. This report goes to the prosecutor’s office (County or District Attorney), which decides whether to file formal criminal charges. An arrest might occur if a warrant is obtained based on probable cause, or in limited warrantless situations permitted by law.
Potential Defenses
Several defenses may apply to charges under Texas Penal Code Section 42.07. A primary defense challenges the prosecution’s need to prove the specific intent to “harass, annoy, alarm, abuse, torment, or embarrass.” A defendant might argue their actions, though perceived negatively, lacked this required intent, perhaps being jokes or accidental communications.
Another defense strategy focuses on whether the conduct fits the specific actions prohibited by the statute. For instance, arguing a comment was not legally “obscene,” a statement was not a genuine “threat” likely to alarm, or communications were not sufficiently “repeated” to qualify as harassment.
While First Amendment free speech arguments have been raised, Texas courts have generally upheld the harassment statute, reasoning it regulates conduct (the act of harassing) rather than protected speech content, focusing on invasions of privacy. However, arguments might still apply if the specific communication involves matters of public interest.
The statute itself provides some exceptions. The prohibition against repeated distressing online posts does not apply if the communications concern a “matter of public concern,” relating to public health, safety, or community well-being.8Texas Legislature Online. Civil Practice and Remedies Code § 27.001. Definitions (Related to Public Concern) General criminal defenses like mistake of fact (e.g., genuinely believing a false report was true) or duress might also be relevant depending on the case specifics. The effectiveness of any defense depends heavily on the particular facts and evidence.
