Legal Question in Criminal Law in Texas
My daughter has been harassed and threatened by text message and at school by another girl. The principle told me this is a 3rd degree felony called cyber bullying. What can legally be done about this in and outside of school?
3 Answers from Attorneys
I have heard that this measure was passed in June of 2009. I suggest you contact your local District Attorney.
This other girl may have committed one of several crimes including (but not limited to): terroristic threat, harassment, and stalking. You might want to start by calling the police non-emergency line (usually 311) to file a criminal complaint.
I believe what the principal is referring to is the new law codified as section 33.07 of the penal code. I am not sure this new law would apply as it is aimed more at social networking sites and also seems to apply more in the context of impersonating another person and then sending messages.
It sounds like your situations falls more squarely under standard harassment statutes, particularly 42.07 of the penal code. Depending on how severe the threat is, it might be considered a "terroristic threat," which is also punishable under the penal code.
Regardless of which law applies, I would agree with the previous post in suggesting you should contact the District Attorney's office. They may refer you to local law enforcement, but it does appear that a crime has possibly occurred which should open this other girl up to criminal liability/punishment.
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