By Harassment is not annoying – it’s criminal as per the law. It’s not just someone being rude or creepy. It’s not just a bad day or an awkward text. In fact, it can cause psychological damage and take away your peace and your sense of safety.
In Texas, the law does not take harassment lightly. The Harassment Texas Penal Code spells out different forms of harassment—what counts, what doesn’t, and what happens if someone crosses the line.
Hence, in this blog post, you will get a breakdown, a guide, and a wake-up call. Therefore, read on if you are dealing with harassment, worried about it, or just curious.
What Even Is Harassment in Texas’s Legal Terms?
Texas Penal Code Section 42.07 defines harassment. Basically, if someone is purposefully doing something to harass, annoy, alarm, abuse, torment, or embarrass you—that’s harassment. This holds even if the interaction is face-to-face, over the phone, or through a screen.
The following are the different forms of harassment as per the Texas Penal Code:
- Obscene messages or proposals that bother you.
- Threats – Real or implied.
- Constant calls or texts (even after you said not to do so).
- Faking someone’s death or injury.
- Repeated DMs, emails, or whatever are flooding your inbox.
What is the intent behind all this? Basically, it’s not merely about what they did. Rather, it is also about why they did so in the first place. That is why intent matters in those circumstances.
Is someone calling you on your phone constantly just to bother your peace of mind? That’s where the Texas penal code harassment statute comes to the fore.
Harassment Texas Penal Code: What Counts as a Crime?
What legally counts as harassment in Texas? As per the Harassment Texas Penal Code, it’s not just about being annoying or rude. The law (specifically Section 42.07) specifically lays out the provisions.
You can charge someone with harassment if that individual:
- Sends vulgar or sexually explicit messages that are meant to offend. It’s not about having “bad taste”—it is about being obscene.
- Threatens you. Your body, family, or property. If that makes you scared, it’s enough.
- Constantly reaches out to you through phone or inbox. This means repeated calls, texts, or DMs even after you said not to do so. In this case, the source might even be anonymous.
- Fake a death or injury report – If this somehow impacts your life, career, or image.
- Use burner phones or fake accounts to send annoying or threatening messages. In fact, it doesn’t matter if it’s anonymous—it still counts.
Moreover, the law also covers cyberstalking. This means tracking someone’s car or phone without permission. In addition, the law received updates to include all the digital threats people deal with now.
This means that if someone’s using tech to bother you, the Texas Penal Code Harassment rules still apply.
Sexual Harassment and the Law in Texas
The Texas Penal Code also has separate provisions for sexual harassment. Technically, there’s no “sexual harassment” charge in the Texas Penal Code. Although it sounds weird, there are actually criminal laws that cover the same behavior.
The following are some of the codes regarding Sexual Harassment under the Texas Penal Code:
- Groping or touching without consent – called indecent assault. (Penal Code 22.012).
- Flashing or doing sexual actions in public – that’s public lewdness. (Penal Code 21.07).
- Repeated disturbing messages or stalking with sexual undertones (Penal Code 42.072).
So, if someone’s sending you explicit pictures, making gross jokes, or follows you around in a way that makes you uncomfortable, that falls under Sexual Harassment Texas Penal Code territory.
In workplaces, schools, or public places, you can file complaints through HR or legal channels. However, if it crosses into threats or obscene communication, criminal charges apply.
Harassment Texas Penal Code: Protective Orders and Legal Remedies
What do you do when someone just won’t stop?
What to do when the calls keep coming, the messages get nastier, and you’re starting to feel unsafe?
In those cases, you don’t just block them and hope for the best. Rather, you take legal steps. Texas lets you file for a protective order. This way, you draw a hard line—“Don’t come near me! Don’t talk to me! Don’t even think about texting me!”
Essentially, these legal orders help you with the following:
- Ban the harasser from calling, texting, or showing up near you.
- Shut down their access to your socials.
- Hit them with legal consequences if they break the rules.
Sometimes, the court moves fast—issues a temporary ex parte order without even waiting for a full hearing. This is to ensure your safety. Later, the court proceeds with a proper hearing to decide if the order sticks long-term.
Texas Penal Code: Defending Against False Accusations
What if someone says you’re the harasser?
Obviously, not every awkward text or heated argument is a crime. In those cases, the law states that there has to be intent, like harassing, alarming, or bothering someone’s peace. If the intent is missing, the case might fall apart.
The following are some of the major defenses:
- No intent — maybe it was a joke or just bad timing.
- Legitimate Reason for contacting — like contacting someone for business or legal requirements.
- Mistaken identity — It happens online, where fake profiles and mistaken identity are everywhere.
The Texas penal code harassment statute is constitutional. However, it also gives importance to free speech.
How to Report Harassment in Texas?
The following are some of the major steps you must take to report harassment in Texas:
- Document Everything – messages, emails, call logs, screenshots, etc.
- Report to Authorities – reach out to the local police or file an online complaint.
- Get Legal Help – A lawyer will be able to guide you about protective orders or criminal charges.
- Utilize Online Tools – Report harassment to social media platforms/ service providers.
Know Your Rights Now!
Since harassment is a serious matter, the Harassment Texas Penal Code comes with protective guidelines. This helps to protect you from unnecessary or harmful behavior. Hence, if you are a victim or someone who is wrongly accused, reach out to a lawyer near you. This way, you will get a better idea of the law.
Do you have more information to provide regarding harassment provisions under the Texas Penal Code? Please share them in the comments section below.
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