Harassment is a legal issue in Texas, affecting many individuals across the state. The Texas Penal Code provides a framework for addressing these actions, defining what constitutes unlawful behavior and outlining the associated penalties. Understanding these laws is the first step for anyone who believes they are being targeted.
Defining Harassment Under Texas Law
Under Texas Penal Code § 42.07, harassment is defined by specific actions coupled with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person. 1Texas Public Law. Texas Penal Code Section 42.07 – Harassment This intent is an element that prosecutors must prove for a conviction. The statute covers a broad range of conduct, reflecting the various ways individuals can be targeted in modern society.
The law explicitly prohibits several forms of communication-based harassment. This includes initiating communication and making obscene comments, requests, or suggestions. It also covers threats of bodily injury or to commit a felony against the person, their family, or their property, provided the threat is made in a way that is reasonably likely to cause alarm. The statute addresses both traditional and electronic forms of communication, making it a crime to send repeated electronic messages in a manner likely to cause distress or offense.
Further actions outlined in the code include making repeated anonymous telephone calls or causing another’s phone to ring repeatedly. A person can also be charged for knowingly permitting someone else to use their telephone to commit these acts. The law has also been updated to address online behavior, such as publishing false and defamatory information about someone on a public social media platform with the intent to cause them harm.
Consequences of a Harassment Conviction
A conviction for harassment in Texas is a Class B misdemeanor. The penalties for this classification include a fine of up to $2,000 and a potential jail sentence of up to 180 days. A conviction creates a permanent criminal record for the individual.
The charge can be elevated to a Class A misdemeanor if the person has a previous conviction for harassment. A Class A misdemeanor carries a more severe penalty, with fines up to $4,000 and a jail term of up to one year.
Texas Stalking Laws Explained
Stalking is a distinct and more serious offense than harassment under the Texas Penal Code. While harassment involves individual acts intended to annoy or alarm, stalking involves a repeated course of conduct directed at a specific person. The law focuses on conduct that the actor knows or reasonably should know the victim will perceive as threatening.
The core of the stalking offense is the establishment of a credible threat that causes fear. The law specifies that the conduct must cause a person to fear bodily injury or death for themselves or a family member, or to fear that an offense will be committed against their property. 2Texas Public Law. Texas Penal Code Section 42.072 – Stalking Examples of stalking behavior include:
- Following a person
- Maintaining surveillance of them
- Showing up at their home or workplace
- Sending unwanted gifts
These actions, when taken together, constitute a course of conduct that elevates the offense beyond simple harassment.
Due to its severity, stalking is classified as a third-degree felony. A conviction for a third-degree felony in Texas can result in a prison sentence of two to ten years and a fine of up to $10,000. 3Texas Public Law. Texas Penal Code Section 12.34 – Third Degree Felony Punishment The penalties can be enhanced to a second-degree felony if the perpetrator has a previous stalking conviction.
Protective Measures for Harassment Victims
Individuals who experience harassment or stalking have legal avenues for protection. A foundational step is to document every incident. This includes saving all communications, such as text messages, emails, and social media posts, as well as keeping a detailed log with dates, times, locations, and descriptions of the behavior.
Reporting the behavior to a local police or sheriff’s department is an important step. When making a report, victims should be prepared to provide all the documented evidence they have collected, as this information helps law enforcement build a case.
A protective order is a civil court order designed to stop a person from engaging in further harmful conduct. In Texas, a person who is the victim of stalking can apply for one. 4Texas Legislature. Code of Criminal Procedure Chapter 7B. Protective Orders These orders can prohibit the offender from contacting the victim in any way, coming within a certain distance of their home, work, or school, and possessing a firearm.
To obtain a protective order, a person must file a sworn application with the appropriate court, which is typically a district or county court. The application must include detailed information about the respondent and the specific incidents of stalking. The court will then schedule a hearing where both parties can present their case before a judge decides whether to issue the order.