Harassment Texas Penal Code §42.07 — Charges Decoded
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Statutory elements
Penal Code § 42.07(a): person commits harassment if with intent to harass, annoy, alarm, abuse, torment, or embarrass another, person: (1) initiates communication and makes threats; (2) threatens by phone, electronic communication, or written to inflict bodily injury; (3) conveys false reports of serious crime; (4) causes phone of another to ring repeatedly; (5) makes anonymous communication intended to harass; (6) sends repeated electronic communications intended to harass; (7) publishes private intimate image without consent (Texas's "revenge porn" provision).
Penalty schedule
Penal Code § 42.07(c) — penalties: Class B misdemeanor (up to 180 days jail + $2,000 fine) — base offense. Class A misdemeanor (up to 1 year + $4,000): prior harassment conviction; harassment of person under 18; harassment of person 65+; multiple aggravators. State-jail felony: specific aggravated harassment circumstances under § 42.07(c-2). Civil penalties available under various Texas statutes (intentional infliction of emotional distress, stalking civil claim under CPRC § 85, intentional misuse of identifying information).
Electronic communications coverage
Texas § 42.07 specifically addresses electronic communications: Repeated electronic communications — texts, emails, social media, messaging apps. Phone harassment — repeated calls; threatening calls. Online stalking patterns — separately addressed under § 42.072 (stalking) and § 33.07 (online impersonation). Revenge porn — § 42.07(a)(8) since 2017 — publishing intimate visual material without consent. Aggravators for electronic harassment — directed at minor, depicting violence threats, anonymous bullying. Federal counterparts: 18 U.S.C. § 2261A (interstate stalking), § 875 (interstate threats).
Defense considerations
Texas harassment defense: Intent — must be intentional to harass, annoy, alarm, etc.; legitimate purpose communications protected. Single communication — most subsections require repeated communications; one communication usually insufficient. First Amendment — protected speech defenses for content-based harassment claims; commercial speech, political speech, protected discourse. Mistaken identity — particularly relevant for online cases. Constitutional vagueness challenges — Texas § 42.07 has faced multiple constitutional challenges; some subsections narrowed by appellate court. Civil settlement — particularly for revenge porn and similar cases; may resolve criminal proceedings.
Related offenses
Texas harassment-adjacent offenses: Stalking (§ 42.072) — course of conduct causing fear of injury/death/offense; third-degree felony. Terroristic Threat (§ 22.07) — threats with specific intent to cause fear/disruption. Online Impersonation (§ 33.07) — fake online persona to harm. Fraudulent Use of Identifying Information (§ 32.51) — using another's ID without consent. Violation of Protective Order (§ 25.07) — contacting protected person; Class A or higher. Tortious interference — civil claim for interference with relationships. Federal stalking (18 U.S.C. § 2261A) — interstate stalking patterns.
Texas harassment (§ 42.07) — penalty schedule
| Scenario | Offense level | Punishment range |
|---|---|---|
| Base offense (§ 42.07(c)) | Class B misdemeanor | Up to 180 days county jail + up to $2,000 |
| Prior harassment conviction, or victim under 18 or 65 and older | Class A misdemeanor | Up to 1 year county jail + up to $4,000 |
| Aggravated circumstances (§ 42.07(c-2)) | State jail felony | 180 days to 2 years state jail + up to $10,000 |
| For most subsections, harassment requires repeated communications intended to harass, annoy, alarm, abuse, torment, or embarrass; § 42.07 has been narrowed by constitutional challenges. Compare stalking (§ 42.072), a third-degree felony for a course of conduct. Sources: Texas Penal Code § 42.07. | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's the penalty for harassment in Texas?
Penal Code § 42.07 — Class B misdemeanor base (up to 180 days + $2,000). Class A misdemeanor (up to 1 year + $4,000) for prior conviction, harassment of person under 18, or person 65+. State-jail felony for specific aggravated circumstances.
Does Texas harassment require repeated communications?
Most subsections yes. § 42.07(a)(4) — repeated phone calls. § 42.07(a)(6) — repeated electronic communications. Some subsections cover single communications: threats of bodily injury, false reports of serious crime, anonymous communications, publishing intimate images without consent.
What's Texas revenge porn law?
Penal Code § 42.07(a)(8) (added 2017) — publishing intimate visual material of another without consent. Class B misdemeanor base; can be elevated. Also civil cause of action under Civil Practice & Remedies Code § 98B. Texas has multiple state-level revenge porn protections; some provisions overlap with online impersonation under § 33.07.
How is harassment different from stalking?
Harassment (§ 42.07): repeated communications to harass/annoy/alarm. Class B/A misdemeanor. Stalking (§ 42.072): course of conduct causing fear of injury/death/offense. Third-degree felony. Higher exposure and different elements for stalking. Aggravators for stalking include prior conviction, protective order violation.
Can political speech be Texas harassment?
First Amendment protects political speech generally. Texas § 42.07 has faced multiple constitutional challenges; some subsections narrowed by appellate court. Threatening communications generally not protected; protected discourse generally not harassment. Specific facts matter — vague generalized criticism typically protected; specific threats not.
