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  1. #1
    Join Date
    Dec 2007
    Location
    texas
    Posts
    2

    Default Phone Harassment Charges for Prank Calls

    ok.. im 16 years old and i live in texas.. heres the deal..

    ok about a month ago me and some friend called one of our middle school teachers... quite a few times.. maybe like 15...

    well about a week ago we realized that we had gotten caught for it...
    they had called the police and traced my phone number..


    well our school resource officer called us into his office and started talking to us about the whole thing.. at first he assured us all that we were all going to jail.

    now.. these phone calls were not threatening at all nor were they a hate crime...
    they were just jokes and stuff...
    and 2 of my friends didnt even say a word on the fone.. the cop said they were "guilty by assosiation."
    which is just bullshit..

    well the officer said that if the person presses charges that we will be charged with a 2nd class misteminer for harrasment and that we could serve up to 6 months in jail and serve up to a $1000 dollar fine..

    well a few days went by and today my mom got a call from the officer about wanting to set up a meeting for tommorow. the cop said that the guy wants to hear that my mom has come up with a sufficient enough punishment for me, and if it isn't, then he will press charges.
    can he say that?

    anyway... i just wanted to hear someone elses opinion on this whole thing..

    thanks

  2. #2

    Default Re: Phone Harassment Charges for Prank Calls

    Texas statutes do NOT require that any type of threat be included before the communication can be considered harassing, in fact, you don't even need to say a word - simply calling over and over is enough.

    A class B misdemeanor could result in up to 6 months jail time and/or fines up to $1,000.

    If the victim is willing to try to handle the situation informally, they can. If the victim doesn't think it's enough, they can certainly continue on with the process and formally file a police report to initiate the prosecution process. The victim isn't under any obligation to try to handle it outside of formal charges and arrest, so this is a gift horse, don't look it in the mouth.


    42.07. Harassment. Amended 2002.

    (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

    (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

    (2) threatens, by telephone, in writing, or by electronic communication, 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 household, 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;

    (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or

    (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

    (b) In this section:

    (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

    (A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and

    (B) a communication made to a pager.

    (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code.

    (3) "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.

    (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Phone Harassment Charges for Prank Calls

    Help your mother brainstorm a punishment that will astonish the officer with her seriousness, then hope that after the interview she doesn't hold you to it's every last letter.

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