Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 42.07 - Harassment

CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

        § 42.07.  HARASSMENT.
        (a)  A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:
                (1)  initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
                (2)  threatens, by telephone, in writing, or by electronic communication, 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 his family or household, or his 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;  or
                (7)  sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
        (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 by electronic mail, instant message, network call, 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 the actor has previously been convicted under this section.

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