What Qualifies as Harassment in Texas?

Some of the same conduct can also fall under other Texas offenses, and those carry their own penalties. This guide explains the main pieces in plain language. Barbieri Law Firm defends people accused of family violence, aggravated assault, and online sex crimes in Collin County, Dallas-Fort Worth, and across Texas.

What Qualifies as Harassment in Texas?

Harassment can be a criminal charge in Texas. The question of what qualifies as harassment in TX? has a clear framework, but the details of each case shape it. Prosecutors look at the conduct itself, the words or messages involved, and what the person meant by them. The same act can be charged in different ways, so the exact offense matters.

Two terms come up often. A misdemeanor is a lower-level crime than a felony. A terroristic threat is a separate offense that covers certain threats of violence. Texas defines that offense in Penal Code § 22.07. It covers a person who threatens to commit a violent offense with intent to place someone in fear of imminent serious bodily injury. The statute also lists other kinds of threats, each with its own intent requirement.

Why Intent and Context Matter

Context often decides how a message reads. The same sentence can mean very different things depending on who sent it, who received it, and what came before. A joke between friends, a message after a breakup, and a message sent during a custody dispute can use nearly the same words. Each one can read in a different way.

Investigators and lawyers usually look at the full exchange, not one line. They ask what led up to the message, how the other person responded, and what the sender seemed to be trying to do. Because the reason behind a message is often disputed, the complete record can become central.

A single message can look harmless alone. Read in order, the same message may tell a different story. That is why keeping the whole conversation, with dates and times, matters. A cropped screenshot shows one moment, not the full exchange.

Texts, Messages, and Social Media

Texts and social media messages are common evidence in these cases. Timing matters. So does repetition. A message sent once may read very differently from a series of messages sent over days or weeks. Any threats inside the messages carry extra weight, because the terroristic threat law focuses on threats.

Messages can also reach people in ways the sender did not plan. A message sent to a group chat, a public post, or a forwarded reply can each raise separate questions about who saw it and how it was read.

When messages include sexual content or requests, the case can also raise online sex crimes issues. Barbieri Law Firm defends online sex crimes charges across Texas. The Texas Attorney General publishes cyber safety information about online solicitation of minors, including the conduct Texas law prohibits.

Can Someone Be Charged for Verbal Harassment?

Spoken words can lead to a charge when they amount to a threat. The terroristic threat law centers on a threat to commit a violent offense. It also requires intent to place someone in fear of imminent serious bodily injury. Whether a particular spoken remark fits that description depends on the facts.

The exact words, the setting, and the listener’s reaction can all become part of the picture. Witnesses may remember the same conversation differently, so accounts can conflict. A statement made in anger may still be disputed. Lawyers often ask what was said before and after the remark, and who else was nearby.

If you are facing a complaint about something said in person, write down what you remember as soon as you can. Include the date, the place, and the words as closely as you recall them. Keep that written account in a safe place.

What Proof Is Used, and How a Case Begins

A case often begins when someone reports the conduct to police. The prosecutor then reviews the report and decides whether to file a charge. Common evidence includes saved messages, screenshots, call logs, voicemails, and witness statements. Each side may question whether a message is complete, who sent it, or what it meant.

Screenshots are often the starting point, but they rarely tell the whole story. Lawyers usually want the full history, not only the pieces someone chose to show. Context from before and after a message can change how the evidence reads.

Timing also matters. Texas Penal Code § 12.02 designates offenses as felonies or misdemeanors; the two-year deadline to present an indictment or information for a Class A or Class B misdemeanor is set by Texas Code of Criminal Procedure art. 12.02, except as its subsections (b) and (c) provide. Texas Penal Code § 12.02 only designates offenses as felonies or misdemeanors and does not set a three-year window; the three-year window for certain family-related assault charges is stated in Texas Code of Criminal Procedure art. 12.02. Those dates are worth knowing early, because they set the time frame for any charge.

Penalty Levels for Misdemeanors and Threats

A Class B misdemeanor carries a fine of up to $2,000, jail time of up to 180 days, or both, under Penal Code § 12.22. A Class A misdemeanor carries a fine of up to $4,000, jail time of up to one year, or both, under Penal Code § 12.21. Misdemeanors are lower-level crimes than felonies, but a conviction still carries penalties and records.

Texas Penal Code § 22.07 lists several kinds of terroristic threat, and how an offense is classified depends on which subsection applies and on facts such as whether it involves family violence or a public servant. Under § 22.07(c), an offense under Subsection (a)(2) is a Class A misdemeanor, rather than a Class B misdemeanor, when it is committed against a member of the person’s family or household, when it otherwise constitutes family violence, or when it is committed against a public servant. Family violence has the meaning given in Family Code § 71.004. Under § 22.07(c-1), an offense under Subsection (a)(2) is a state jail felony if the actor knows the person is a peace officer or judge. Texas Penal Code § 22.07 reads: “(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.”

Prior convictions can raise the range. For a Class B misdemeanor after a prior conviction for a Class A or Class B misdemeanor or any felony, the jail range is 30 to 180 days, with a fine up to $2,000. See repeat offender penalties. Penalty ranges set the limits the law allows. They are not a prediction of what happens in any case.

Records can last longer than a case. Those records can affect criminal history checks for jobs and professional licenses.

If You Are Facing a Harassment Accusation

You may have just learned of a complaint. You may have received a call from police or a prosecutor’s office. Or you may have been shown a message you never expected to see. Each situation is stressful, and each one can feel urgent.

Start by keeping the original messages, call logs, and screenshots as they are. Don’t edit, crop, or delete them. Write down the dates, times, and names of anyone who saw the messages or heard the conversation. Early on, memories are fresher and records are easier to find. Think before you send any new message to the other person, because new messages can become part of the record.

If you are reading this for a family member, partner, or friend, the same steps apply. Help them keep records as they are, and write down what they remember while it is fresh. Note any contact from police or a prosecutor’s office, including the date and what was said.

Frequently asked questions

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.