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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:
(1) initiates communication by telephone or in writing and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, by telephone or in writing, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family, or his property;
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(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;
(5) makes a telephone call and intentionally fails to hang up or disengage the connection; or
(6) knowingly permits a telephone under his control to be used by a person to commit an offense under this section.
(b) For purposes of Subsection (a)(1), "obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. In this section, "family" has the meaning assigned by Section 71.01, Family Code.
(c) [amended 6/14/95] An offense under this section is a Class B misdemeanor.
Eff 6/14/95 (a)(7), (d) and (e) were deleted. Before 6/14/95 (a)(7), (c), (d) & (e) provided:
(a)(7)(A) on more than one occasion engages in conduct directed specifically toward the other person, including following that person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass that person;
(B) on at least one of those occasions by acts or words threatens to inflict bodily injury on that person or to commit an offense against that person, a member of that person's family, or that person's property; and
(C) on at least one of those occasions engages in the conduct after the person toward whom the conduct is specifically directed has reported to a law enforcement agency the conduct described by this subdivision.
(c) An offense under Subsections (a)(1)-(a)(6) is a Class B misdemeanor.
(d) An offense under Subsection (a)(7) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor has previously been convicted under Subsection (a)(7).
(e) It is an affirmative defense to prosecution under Subsection (a)(7) that the actor was engaged in conduct that consisted of activity in support of constitutionally or statutorily protected rights.

A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.

This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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