May 22, 2014 Leave a comment
We often get told that someone is being harassed by telephone, but what does that really mean?
There is a great case, Perone v. Texas, which talks all about it in a criminal case context. An ex-husband was convicted of harassment via telephone and then challenged the conviction based on, among other things, most of the communications were text messages and face time, not the traditional telephone calls.
Main points to see:
- The person commits the misdemeanor offense of harassment if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, (1) he 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; or (2) he sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (Texas Penal Code 42.07(a).
- Text messages fit this definition;
- FaceTime fits this definition;
- While some messages did relate to parenting logistics, others referred to the ex-husband’s dating and sexual activity and/or criticize his ex-wife;
- Intent can be determined by a jury (or Judge in the family law context as the trier of fact);
- Intent can be inferred by looking at the acts, words, or conduct of the accused, including the circumstances surrounding the acts;
- At least four phone calls in a little over a month were sufficient in a case that the calls were ‘repeated.’ (Blount v. State, 961 S.W.2d 282, 284 (Tex.App.-Houston[1st Dist.] 1997, pet. ref’d).
How does this relate to you?
Be ready to show that the intent fits the required intent (to harass, annoy, alarm, abuse, torment, or embarrass another), and how that actually occurred. Be ready to show that the calls were repeated. And be ready to show how it affected you!