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  1. #1

    Default Help With Texas Laws On Phone Harrassment

    My question involves criminal law for the state of: Texas

    Here is my situation.

    My idiot son, who is an adult at 19, took it upon himself to call his former employer at work on four occasions and harass him over the phone a year and four months ago.
    After doing some research, I have no doubt that what my son did does indeed constitute harassment, despite his claims of these only being “prank calls”.

    http://www.haltabuse.org/resources/laws/texas.shtml

    Now I know his former employer contacted AT&T and they traced back the calls (as well as having recorded at least two of them) to my son’s cell phone.
    I also know the former employer did indeed file a police report about this harassment a year and four months ago.

    That said, to this day my son has never been contacted by any law enforcement or his carrier (T-Mobile).

    Now I know what you are thinking, my son should count his blessings nothing has come of this and I agree.

    But I know his former employer still wants to pursue charges against the person who made these calls, but I honestly don’t think his former employer knows it was my son who made these calls, even despite having a phone number traced.

    Some have told me that most mobile carriers won’t release subscriber details unless subpoenaed and it’s difficult to obtain one unless the threats are quite serious.

    Is this possible?


    My other concern is, even though his former employer filed a report a year and four months ago, since no charges have brought against my son to date, is there any kind of time limit (in Texas harassment laws) his former employer has to pursue charges after filing, or is this something that could hang over my son’s head forever?

  2. #2

    Default Re: Help With Texas Laws On Phone Harrassment

    In Texas, this would be a Class B misdemeanor (see § 42.07. Harassment) - and since it's not one of the crimes on the "exceptions" list, the statute of limitations is two years. Typically he WON'T be contacted by his carrier, or by law enforcement - right up until the time a warrant is served. It's possible that they either (a) haven't been able to establish that your son is the one who made the calls or (b) that they have and there's a warrant floating around out there just waiting for him to get pulled over for speeding or some other law enforcement contact. If the employer is adamant about still wanting to pursue the case, he definately shouldn't consider it a "done deal" at this point.

    I can't speak for Texas, but here in Florida, it's relatively easy to get subpoenas for phone records, should those in the postition to make the decision decide to pursue the case for prosecution.

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