Penal Code · §42.07

Harassment

With intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another, the actor engages in conduct under §42.07(a)(1)–(8): obscene comments, threats, false reports of death/injury, repeated phone calls or electronic messages, etc.

To prove this offense, the State must establish each of the following elements: Intent to harass/annoy/alarm/abuse/torment/embarrass/offend; Conduct under §42.07(a)(1)–(8); Class B (default); Class A with prior conviction or against minor (with adult actor).

The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Intent to harass/annoy/alarm/abuse/torment/embarrass/offend
  • Conduct under §42.07(a)(1)–(8)
  • Class B (default); Class A with prior conviction or against minor (with adult actor)
Texas Law — Charge Details
Class B → Class A Misd.
Offense
Harassment
Statute
Tex. Penal Code §42.07
Classification
Class B misdemeanor (default)

With intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another, the actor engages in conduct under §42.07(a)(1)–(8): obscene comments, threats, false reports of death/injury, repeated phone calls or electronic messages, etc.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Prior §42.07 convictionClass A misdemeanor§42.07(c)
Against minor under 18 (actor 17+) with intent suicide / serious harmState jail felony§42.07(c-1)

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Worked examples

Worked example 1

Harassment under §42.07 includes which of the following?

  1. Initiating telephone, email, text, or social media communication intended to harass, annoy, alarm, abuse, torment, embarrass, or offend another (with statutory specifics) Correct
  2. Posting any negative review online
  3. Refusing to answer the phone
  4. Displaying a 'No Trespassing' sign
Why: Harassment covers several specific manners — repeated calls or electronic messages; obscene comments/proposals; falsely reporting death/serious injury; threats; and similar conduct — all with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend. Class B (default); Class A on second offense or against a child <18 if the actor is 17+.
Statute: Tex. Penal Code §42.07
Worked example 2

A defendant repeatedly calls his ex-girlfriend over a two-week period, sending dozens of voicemails calling her vile names with intent to torment her. She has asked him to stop. Best fit?

  1. Stalking — 3rd degree felony
  2. Harassment — Class B misdemeanor (default) Correct
  3. Disorderly Conduct — Class C misdemeanor
  4. Terroristic Threat — Class B misdemeanor
Why: Harassment is committed with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend — by repeated phone calls or electronic communications likely to harass. Class B (default); Class A with prior or against minor (with adult actor). If a course of conduct would also cause a reasonable person to fear bodily injury or death and causes the target to feel that fear, Stalking (3rd degree felony) may apply.
Statute: Tex. Penal Code §42.07(a)(4)