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; (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; (9) tracks or monitors the personal property or motor vehicle of another person, without the other person's effective consent, including by: (A) using a tracking application on the person's personal electronic device or using a tracking device; or (B) physically following the other person or causing any person to physically follow the other person; or (10) makes obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by an Internet application or other technological means. (b) In this section: (1) "Court employee" means an employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney. The term does not include a judge. (1-a) "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. (4) "Utility" has the meaning assigned by Section 22.01 (e). (c) An offense under this section is a Class B misdemeanor, except that the offense is: (1) a Class A misdemeanor if: (A) the actor has previously been convicted under this section; (B) the offense was committed under Subsection (a)(7) or (8) and: (i) the offense was committed against a child under 18 years of age with the intent that the child: (a) commit suicide; or (b) engage in conduct causing serious bodily injury to the child; or (ii) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A , Civil Practice and Remedies Code; (C) the offense was committed against a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency; or (D) the offense was committed against a person the actor knows is a court employee; (2) a state jail felony if the offense was committed against a person the actor knows is: (A) a court employee and the actor has previously been convicted under this section; or (B) a judge; and (3) a felony of the third degree if the offense was committed against a person the actor knows is a judge and the actor has previously been convicted under this section. (d) In this section, "matter of public concern" has the meaning assigned by Section 27.001 , Civil Practice and Remedies Code. (e) For purposes of Subsection (a)(9), it is presumed that a person did not give effective consent to the actor's conduct if: (1) an application for a protective or restraining order against or with respect to the actor has been filed by or on behalf of the person under Subchapter A , Chapter 7B , Code of Criminal Procedure, Article 17.292 , Code of Criminal Procedure, Section 6.504 , Family Code, or Subtitle B, Title 4, Family Code, or an order has been issued against or with respect to the actor under one of those provisions; or (2) the person is married to the actor and a petition for dissolution of marriage has been filed, or the person was previously married to the actor and the marriage has been dissolved.
‹ Prev All Texas sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.