Harassment Criminal Defense Lawyers, Frisco TX

Defending Against Harassment Charges in Collin, Denton & Surrounding Counties

The charge known as harassment in the state of Texas is a misdemeanor that prohibits certain abusive activities that are carried out with the deliberate intent to “harass, irritate, alarm, abuse, torment, or disgrace” another person. The law against harassment in Texas lists seven particular forms of abusive behavior, and each of these behaviors will be broken down and explained in further depth below.

If the state’s attorneys want to convict you of Harassment, they will have to prove that you engaged in one of those seven specific behaviors and that you did so with the specific intent to harass, annoy, alarm, abuse, torment, or embarrass the victim. If they are successful in this endeavor, you will be found guilty of Harassment. Under Texas law, you might be charged with the more serious offense of stalking if the state has evidence that you harassed the same person on many occasions.

Have you been accused of harassing another person? To explore your potential defenses contact our Harassment Criminal Defense Lawyers at Ridgely Davis Law at (469) 935-4600 for a Free Case Evaluation.

The sending of unwanted phone calls, texts, or posts on social media platforms are the most common forms of harassment nowadays. However, the behaviors must be one of the seven listed above, such as making a “obscene” remark, a threat, a false report that someone was injured or died, sending repeated annoying messages or making repeated annoying phone calls. The communication can take place in any format; however, the behaviors must be one of the seven listed above. 

What is the Crime of Harassment

Sec. 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.

(b) In this section:

(1) “Electronic communication” means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and

(B) a communication made to a pager.

(2) “Family” and “household” have the meaning assigned by Chapter 71 Family Code.

(3) “Obscene” means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(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 Civil Practice and Remedies Code.

(d) In this section, “matter of public concern” has the meaning assigned by the Civil Practice and Remedies Code.

According to the laws of Texas, what exactly are electronic communications?

The term “electronic communications” refers to any signs, signals, writings, pictures, sounds, data, or intelligence that are sent through a wire, radio, or other electronic, magnetic, or optical system. Electronic communications may also be characterized as “written communications.”

Email, instant messaging, text messaging, the phone, and voicemail may all be forms of communication that can be used to harass someone.

Even if I am simply kidding with another individual, is it possible that I may be charged with harassment?

Even if you consider what you are doing to be harmless “joking,” you run the risk of being charged with harassment. When the person who receives the information does not view it in the same manner as the one who is sending the communication, people are usually charged with something. The state must demonstrate that you had the purpose to “harass, irritate, frighten, abuse, torture, or disgrace” another person, but there is a thin line between being bothersome and “just kidding.” Contact the experienced Harassment Criminal Defense Lawyers at Ridgely Davis Law in Frisco, TX to learn how we can help prepare your story and defense to convey that your communications do not meet the definition of Harassment.

Under the Harassment law, what kinds of conduct are considered to be obscene?

According to the Harassment statute of Texas, the phrase “patently offensive depiction of or a request to do an ultimate sex act” is considered to be obscene.

In an effort to differentiate between speech that is protected under the law and conduct that exceeds what may be considered a “community norm,” laws that define obscenity typically employ the word “patently” and other phrases with similar meanings. The fact that the law uses the word “patently” in this context suggests that the description in question is one that is obviously insulting. The problem with this concept is that it might be interpreted differently depending on who you ask since individuals draw lines in various areas. In the same vein, any two persons may have a special relationship that would make certain communication more suitable between them than it would be proper between two complete strangers.