Legal Question in Criminal Law in Texas
My husband and I have a disgrundled family member who is threatening to call his place of employment repeatedly unless we give her money she thinks is owed to her. I called the P.D and they said that unless she is repeatedly trying to contact him or actually calls his employer..it's not harrassment. Pretty much they said, there is nothing we can do until she does call! Is this true? All we want is an order that says she will be in violation if she contacts his employer.
1 Answer from Attorneys
Threatening who? How? I disagree with the cop, I think, based on what you have related. See the relevant portion of the statute below. I suggest that you try reporting the activity to another officer. You should keep a record of all contacts, record any calls or keep any messages she leaves. She is harassing.
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:
.....
(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;
.....
(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.
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(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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