Penal Code · §42.07

Harassment

Q: A defendant repeatedly calls his ex-girlfriend over a two-week period, sending dozens of voicemails calling her vile names with intent to torment her. She has asked him to stop. Best fit?

Harassment — Class B misdemeanor (default) Harassment requires intent to harass, annoy, alarm, abuse, torment, or embarrass another — here, repeated telephone communications in a manner reasonably likely to harass. Class B by default; Class A with a prior conviction, or for (a)(7)/(8) conduct against a child under 18 with intent that the child commit suicide or engage in conduct causing SBI (§42.07(c)). If a course of conduct would cause a reasonable person to fear bodily injury or death and causes that fear, Stalking (third-degree felony) may apply.

With intent to harass, annoy, alarm, abuse, torment, or embarrass another, the actor engages in conduct under §42.07(a)(1)–(10): obscene comments, threats, false reports of death/injury, repeated phone calls or electronic communications, etc.

The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

Intent to harass/annoy/alarm/abuse/torment/embarrass
Conduct under §42.07(a)(1)–(10)
Class B (default); Class A with prior or in the §42.07(c)(1) cases

Texas Law — Charge Details

Class B → Class A Misd.

Offense

Harassment

Statute

Tex. Penal Code §42.07

Classification

Class B misdemeanor (default)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to
Prior §42.07 conviction	Class A misdemeanor
(a)(7)/(8) conduct against a child under 18 with intent that the child commit suicide or engage in conduct causing SBI	Class A misdemeanor

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Harassment under §42.07 includes which of the following?

Initiating telephone, email, text, or social media communication with intent to harass, annoy, alarm, abuse, torment, or embarrass another (with statutory specifics) Correct
Posting any negative review online
Refusing to answer the phone
Displaying a 'No Trespassing' sign

Why: Harassment (§42.07(a)) requires intent to harass, annoy, alarm, abuse, torment, or embarrass another and covers the specific conduct in (a)(1)–(10) — e.g., obscene communications, threats, false reports of death or injury, repeated calls or electronic communications. Class B by default; Class A with a prior conviction, or for (a)(7)/(8) conduct against a child under 18 with intent that the child commit suicide or engage in conduct causing SBI; higher grades apply to offenses against certain utility workers, court employees, and judges (§42.07(c)).

Statute: Tex. Penal Code §42.07

Worked example 2

A defendant repeatedly calls his ex-girlfriend over a two-week period, sending dozens of voicemails calling her vile names with intent to torment her. She has asked him to stop. Best fit?

Stalking — 3rd degree felony
Harassment — Class B misdemeanor (default) Correct
Disorderly Conduct — Class C misdemeanor
Terroristic Threat — Class B misdemeanor

Why: Harassment requires intent to harass, annoy, alarm, abuse, torment, or embarrass another — here, repeated telephone communications in a manner reasonably likely to harass. Class B by default; Class A with a prior conviction, or for (a)(7)/(8) conduct against a child under 18 with intent that the child commit suicide or engage in conduct causing SBI (§42.07(c)). If a course of conduct would cause a reasonable person to fear bodily injury or death and causes that fear, Stalking (third-degree felony) may apply.

Statute: Tex. Penal Code §42.07(a)(4)