A detective's phone call, a report filed by an ex-partner, or a string of text messages read the wrong way often starts a harassment case in Texas. Many people learn about Section 42.07 only after an officer already believes they broke it.
The wording of the law is broad, and ordinary arguments or heated messages sometimes land people in front of a Fort Worth judge.
Intent and context carry real weight in these cases, and both come into focus long before any courtroom date. A charge that looks simple on a police report often looks very different once the full set of messages and the reason behind them come to light.
Key Takeaways on Texas Harassment Charges
A conviction stays on your record, and Texas allows record clearing only in limited situations.
Section 42.07 covers phone calls, texts, emails, and social media messages.
A first harassment offense is generally a Class B misdemeanor in Texas.
A prior Section 42.07 conviction or another listed circumstance raises the charge to a Class A misdemeanor.
The State must prove intent, which is the mental purpose behind the act.
Quick Answer: What is harassment under Texas Penal Code Section 42.07?
Harassment under the Texas Penal Code is a crime defined in Section 42.07. A person breaks this law by acting with intent to harass, annoy, alarm, abuse, torment, or embarrass another person through obscene or threatening messages, repeated or anonymous phone calls, false reports of injury or death, or repeated electronic messages. A first offense is generally a Class B misdemeanor, which is a lower-level crime than a felony.
What Is Harassment Under Texas Penal Code 42.07?
Harassment under Texas Penal Code Section 42.07 happens when someone acts with intent to harass, annoy, alarm, abuse, torment, or embarrass another person through specific conduct the statute lists.
To prove harassment, the State must show the accused had the required intent and committed one of the specific acts named in the statute.
The required conduct depends on the type of communication involved, so no two harassment cases carry identical proof.
The statute names several acts that count as harassment:
- Sending an obscene comment, request, or proposal to another person.
- Threatening bodily harm or a felony against someone, their family, or their property.
- Knowingly making a false report that someone died or suffered serious injury.
- Calling a phone repeatedly, calling anonymously, or refusing to hang up.
- Sending repeated electronic messages meant to torment or alarm someone.
Because the list is so wide, a prosecutor may read it to cover conduct that a reasonable person views as harmless, which opens the door for a defense built on intent and the surrounding circumstances.
Intent is a central element, because the State must prove the accused acted with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person.
A second purpose behind a message does not automatically erase that intent, so these cases turn on the full picture rather than a single explanation.
Does the Texas Penal Code Cover Harassment by Text or Social Media?
Yes, the Texas Penal Code covers harassment by text, email, and social media under Section 42.07(a)(7). Repeated electronic messages fall under the statute when someone sends them with intent to harass or alarm.
Courts reviewed free speech challenges to this part of the law and upheld it, so prosecutors still bring these charges today.
A single electronic message does not satisfy subsection (a)(7)'s requirement of repeated electronic communications, though a different subsection might apply depending on what the message contains.
This distinction matters, because many digital cases start with one heated message that never meets the repeated-conduct standard the State has to prove.
What Are the Penalties for a Harassment Conviction in Texas?
Penalties for harassment in Texas start at a Class B misdemeanor and rise when the statute's specified circumstances apply. The punishment ranges come straight from the Texas Penal Code, and the table below breaks them down.
| Charge Level | When It Applies | Maximum Jail | Maximum Fine |
| Class B misdemeanor | First harassment offense | 180 days in county jail | $2,000 |
| Class A misdemeanor | Prior Section 42.07 conviction or another Class A circumstance listed in the statute | 1 year in county jail | $4,000 |
A first harassment offense is generally a Class B misdemeanor.
The offense may become a Class A misdemeanor if the accused has a prior harassment conviction or if certain circumstances listed in Section 42.07 apply, such as conduct directed at a child or a violation of a specified court order.
Jail and fines tell only part of the story, though. A harassment conviction brings other consequences that follow a person long after any sentence ends:
- Trouble passing background checks for many jobs.
- Problems renting an apartment or getting approved for credit.
- A criminal record that Texas law rarely allows a person to clear.
A judge might also order community supervision, often called probation, which adds monthly reporting, classes, and fees on top of the record itself. These lasting effects are the reason a harassment charge deserves attention early, well before a plea decision arrives.
What To Do if a Detective Contacts You About a Harassment Case?
Stay quiet and call a lawyer before you speak with any detective about a harassment case. By the time a detective contacts a suspect, investigators may already have interviewed the complainant and reviewed messages or call records.
A request for your side of the story may sound helpful, yet giving a statement can add evidence to the investigation.
Take these steps if a detective calls about a harassment investigation in Fort Worth or Tarrant County:
- Give only your name and end the conversation politely.
- Avoid explaining, apologizing, or admitting you sent any message.
- Write down the detective's name, agency, and phone number.
- Call a criminal defense attorney the same day.
A lawyer may communicate with the detective on your behalf and help you avoid making unnecessary statements about the allegations.
What you personally tell investigators may later be used as evidence, which is one reason to speak with a defense attorney before answering questions. That single choice, made in the first hours, often shapes the rest of the case.
How Do Attorneys Defend a Texas Penal Code Harassment Charge?
Attorneys defend a Texas Penal Code harassment charge by focusing on the two parts the State finds hardest to prove: intent and identity.
Prosecutors must show beyond a reasonable doubt, which is the high level of proof required in criminal cases, that the accused meant to harass someone and that the accused sent the message. Weakness in either part gives the defense room to work.
Common defenses to a harassment charge include the points below, and each grows stronger with the full record in hand:
- No prohibited intent, when the surrounding circumstances undermine the State's claim that the accused meant to harass, annoy, alarm, abuse, torment, or embarrass the recipient.
- No proof of identity, since the State must tie the phone or account to the accused.
- No repeated conduct, because subsection (a)(7) requires more than a single electronic message.
- Missing context, when the full exchange shows a different meaning than the State presents.
Context shapes how a jury reads a harassment case, which is why a defense attorney presents the messages sent before and after the ones a prosecutor highlights. A conversation that looks alarming in a two-line excerpt may look ordinary once the whole thread appears.
Why Work With Fulgham Hampton on a Harassment Charge?
Fulgham Hampton Criminal Defense Attorneys defend people accused of harassment across Fort Worth and the rest of Tarrant County, and several of our attorneys worked as prosecutors before they moved to the defense side.
That view from the other side of the courtroom shapes how we read the messages, call logs, and reports a prosecutor plans to use at the Tim Curry Criminal Justice Center in downtown Fort Worth.
What an Early Case Review Adds
A harassment case often turns on intent and context, so an early review of the full record gives a lawyer more room to question how the State frames a few selected messages.
The sooner an attorney sees the whole exchange, the sooner any weak spots in the charge come into view.
Early work also helps a client avoid the common mistakes, such as contacting the complainant or posting online, that turn a single charge into a larger problem.
FAQs About Harassment Under the Texas Penal Code
What Counts as Harassment Under the Texas Penal Code?
Harassment under Texas Penal Code Section 42.07 counts as obscene or threatening communication, repeated or anonymous phone calls, knowingly false reports of injury or death, and repeated electronic messages sent with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. The State must prove both the intent and one of the listed acts.
Is Harassment a Felony or a Misdemeanor in Texas?
Harassment is a misdemeanor in most cases. A first offense is generally a Class B misdemeanor with up to 180 days in county jail and a fine up to $2,000.
A prior Section 42.07 conviction or another circumstance listed in the statute may raise it to a Class A misdemeanor, with up to one year in jail and a fine up to $4,000.
Does Texas Penal Code 42.07 Apply to Text Messages and Social Media?
Yes, Texas Penal Code 42.07 applies to text messages, emails, and social media through subsection (a)(7).
The subsection requires repeated electronic communications sent with intent to harass, so a single message does not meet that standard, though another part of the statute might apply depending on the content.
How Does the State Prove a Harassment Charge?
The State proves a harassment charge by showing intent and identity beyond a reasonable doubt.
Prosecutors must connect the messages or calls to the accused person and show a purpose to harass, which becomes harder when messages come from a shared device or hold more than one reasonable meaning.
Does a Harassment Conviction Stay on Your Record in Texas?
A harassment conviction generally remains on a person's criminal record. Texas law allows expunction only in limited circumstances, such as an acquittal or certain other relief, and an ordinary final conviction generally does not qualify simply because time has passed.
The outcome of the case can affect whether expunction or another form of record relief may be available.
How Soon Should You Contact a Lawyer About a Harassment Charge?
Contact a criminal defense lawyer as soon as you learn of a harassment investigation or charge, ideally before speaking with police.
Early involvement lets an attorney review the messages, advise you on contact with investigators, and protect your position while the facts are still fresh.
Fight Your Texas Penal Code Harassment Charge With a Fort Worth Defense Team
A harassment charge often grows out of the messiest moments in a person's life, such as a breakup, a family fight, or a misread joke, and the law rarely accounts for that human context on its own.
Someone has to bring it into the courtroom, and the first days after contact from police shape how much room a defense lawyer has to do that. Waiting rarely helps, because memories fade and messages get deleted while the State keeps building its file.
Call Fulgham Hampton Criminal Defense Attorneys at 817-877-3030 to talk through your Texas Penal Code harassment charge with a Fort Worth defense team. Our attorneys answer calls 24 hours a day, and we serve people across Tarrant County.