Texas Penal Code §42.07 — What Harassment Means Under Texas Law
Texas Penal Code §42.07 defines harassment as intentionally communicating with another person in a way intended to harass, annoy, alarm, abuse, torment, or embarrass them. It is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. The statute covers repeated phone calls, threatening or obscene electronic messages, contact through fake accounts or third parties, and false reports of injury or death. A prior harassment conviction elevates the charge to a Class A misdemeanor (up to 1 year, $4,000). Sending obscene content to a minor is a state jail felony (180 days–2 years, $10,000).
The statute is broad by design, which creates two problems for the accused: almost any repeated communication can be characterized as harassment, and the prosecution can infer intent from the pattern of conduct even if no single message was overtly threatening. The central battleground is whether the communication had a legitimate purpose and whether intent to harass can be proven beyond a reasonable doubt.
Mark Hull has defended harassment cases in Austin for over 20 years. Allison Tisdale prosecuted cases as a former Travis County prosecutor and understands exactly how the DA’s office evaluates harassment files. Call 512-599-9999 for a free, confidential consultation.
Harassment Penalty Levels Under Texas Penal Code §42.07
| Charge Level | Trigger | Max Jail | Max Fine |
|---|---|---|---|
| Class B Misdemeanor | First offense | 180 days | $2,000 |
| Class A Misdemeanor | Prior harassment conviction | 1 year | $4,000 |
| State Jail Felony | Obscene content — minor victim | 180 days–2 years | $10,000 |
A conviction at any level creates a permanent criminal record affecting employment, housing, and professional licensing. Non-citizens face potential immigration consequences.
What Conduct Texas Penal Code §42.07 Covers
The statute requires intent to harass, annoy, alarm, abuse, torment, or embarrass. The following conduct qualifies when that intent is present:
Calls made with intent to harass, or causing the phone to ring repeatedly with no legitimate purpose.
Threatening or obscene texts, emails, social media messages, or direct messages sent with intent to harass.
Using fake accounts, burner numbers, or contacting someone through a third party to circumvent blocking.
Threatening bodily harm to the person, their family, or their property through any communication channel.
Falsely reporting another person’s death or serious injury to cause alarm.
Sending obscene or indecent material with intent to harass — elevated to felony if the recipient is a minor.
