Texas harassment — Penal Code § 42.07
Texas harassment is a criminal offense under Penal Code § 42.07. Base conduct is classified as a Class B misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Class B misdemeanor; Class A for repeat or specified aggravators
Punishment range: Class B misdemeanor (up to 180 days + $2,000); Class A misdemeanor (up to 1 year + $4,000) for prior conviction under § 42.07 or conduct against a victim under 18 with intent to cause suicide or self-harm
The controlling statute
Texas Penal Code § 42.07 punishes communication intended to harass, annoy, alarm, abuse, torment, embarrass, or offend another person. The statute reaches obscene calls, threats, repeated electronic communications, false reports of emergencies, and sending unwanted images. After State v. Sanchez (Tex. Crim. App. 2021), the Court of Criminal Appeals narrowed the statute to apply only to non-speech aspects of communication, requiring intent that is not protected speech.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 42.07 |
| Cluster | Public Order |
| Classification | Class B misdemeanor; Class A for repeat or specified aggravators |
| Range | Class B misdemeanor (up to 180 days + $2,000); Class A misdemeanor (up to 1 year + $4,000) for prior conviction under § 42.07 or conduct against a victim under 18 with intent to cause suicide or self-harm |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 42.07 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally engaged in conduct described in § 42.07(a)(1)-(7)
- Defendant acted with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend
- Communication targeted a specific identifiable person
- Communication was reasonably likely to harass or alarm a reasonable person
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Harassment case:
- First Amendment — § 42.07 does not reach protected speech (State v. Sanchez)
- Lack of harassing intent — communication had legitimate purpose (debt collection, journalism, custody coordination)
- Mistaken identity in spoofed-number or anonymous-account cases
- Single communication does not satisfy the 'repeated' element of § 42.07(a)(7)
- Consent — recipient invited or participated in the communications
- Constitutional vagueness as applied to ambiguous statements
Enhancements & collateral consequences
Section 42.07(c) raises the offense to Class A misdemeanor when (1) the defendant has a prior § 42.07 conviction, or (2) the offense is against a person under 18 with intent to cause the minor to commit suicide or engage in conduct causing serious bodily injury. Stalking under § 42.072 may attach if conduct meets the course-of-conduct definition.
Key Legal Terms
- Repeated Communication (§ 42.07(a)(7))
- More than one communication sent to the same person via electronic means; courts evaluate frequency, duration, and intent.
- Electronic Communication
- Defined broadly to include phone calls, text messages, emails, and messages sent through any social-media platform.
- State v. Sanchez (2021)
- Texas Court of Criminal Appeals decision narrowing § 42.07 to non-speech aspects of communication to preserve constitutionality under the First Amendment.
Frequently Asked Questions
Is sending too many text messages a crime in Texas?
Can I be charged with harassment for posts on social media?
What is the difference between harassment and stalking in Texas?
Can a court issue a protective order in a harassment case?
Are anonymous calls covered by Texas harassment law?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Harassment? Talk to L and L Law Group.
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