Legal Question in Criminal Law in Texas

Someone impersonated a public official and sent me a letter. This is someone I am trying to have no contact with. Some how they found my new address and sent me a letter. Of course I opened it because I thought it was from the county tax office. There is no information inside that dictates that the letter is from the county tax office and it was only by coincidense that I realized who it was really from. Is there a law against this?


Asked on 1/27/10, 4:58 pm

1 Answer from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

Unless the communication was obscene or threatening, this doesn't qualify as harassment under Texas law. As to the issue of impersonating a public official, the State can convict someone of impersonating a public official if the person (1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or (2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States. I'm not sure that sending you a letter with a false return address without anything more violates this statute.

I would recommend speaking to some local attorneys regarding getting a protective order against this person. This order can put them on notice that no communication is permitted to you, even if it's not threatening or obscene.

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Answered on 2/02/10, 7:17 am


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