Harassment
With intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another, the actor engages in conduct under §42.07(a)(1)–(8): obscene comments, threats, false reports of death/injury, repeated phone calls or electronic messages, etc.
To prove this offense, the State must establish each of the following elements: Intent to harass/annoy/alarm/abuse/torment/embarrass/offend; Conduct under §42.07(a)(1)–(8); Class B (default); Class A with prior conviction or against minor (with adult actor).
The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Intent to harass/annoy/alarm/abuse/torment/embarrass/offend
- Conduct under §42.07(a)(1)–(8)
- Class B (default); Class A with prior conviction or against minor (with adult actor)
With intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another, the actor engages in conduct under §42.07(a)(1)–(8): obscene comments, threats, false reports of death/injury, repeated phone calls or electronic messages, etc.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Prior §42.07 conviction | Class A misdemeanor | §42.07(c) |
| Against minor under 18 (actor 17+) with intent suicide / serious harm | State jail felony | §42.07(c-1) |
Practice 2 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Harassment under §42.07 includes which of the following?
- Initiating telephone, email, text, or social media communication intended to harass, annoy, alarm, abuse, torment, embarrass, or offend another (with statutory specifics) Correct
- Posting any negative review online
- Refusing to answer the phone
- Displaying a 'No Trespassing' sign
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