Online Harassment

DON’T MESS WITH TEXAS RESIDENTS ONLINE!  On September 1, 2009, a Texas law made it a crime to impersonate, imitate, or otherwise harass others in emails, instant messaging programs, and commercial social networking sites.  It’s clear that Texas lawmakers don’t want computer users pretending to be others on the Internet to threaten, intimidate, harm or defraud others.  This relatively new law also covers text messages.  Depending on what activity one engages in, the punishment can be a Class A Misdemeanor or a 3^rd Degree Felony!

In just the months of July and August 2011, I retained four new clients in Dallas alone who were charged with various levels of offenses under this statute.  So obviously, these offenses are showing up more and more throughout Texas.

Don’t wait until you’re indicted to lawyer up on a Texas Internet Harassment or Texas Online Harassment charge – call the Law Office of Chad West NOW at (214) 509-7555!  It’s important to have a criminal defense attorney on your side from the very beginning.  For civil cases involving defamation, please consult a civil attorney.

Sec. 33.07.  ONLINE HARASSMENT.

(a)   A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:

(1)   Without obtaining the other person’s consent; and
(2)   With the intent to harm, defraud, intimidate, or threaten any person.

(b)   A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar
communication that references a name, domain address, phone number,
or other item of identifying information belonging to any person:

(1)  without obtaining the other person’s consent;
(2)  with the intent to cause a recipient of the
communication to reasonably believe that the other person
authorized or transmitted the communication; and
(3)  with the intent to harm or defraud any person.

(c)  An offense under Subsection (a) is a felony of the third
degree.  An offense under Subsection (b) is a Class A misdemeanor,
except that the offense is a felony of the third degree if the actor
commits the offense with the intent to solicit a response by
emergency personnel.

(d)  If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.

(e)  It is a defense to prosecution under this section that
the actor is any of the following entities or that the actor’s
conduct consisted solely of action taken as an employee of any of
the following entities:

(1)  a commercial social networking site;
(2)  an Internet service provider;
(3)  an interactive computer service, as defined by 47
U.S.C. Section 230;
(4)  a telecommunications provider, as defined by
Section 51.002, Utilities Code; or
(5)  a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code.

(f)  In this section:

(1)  ” Commercial social networking site ” means any
business, organization, or other similar entity operating a website
that permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the creation
of web pages or profiles available to the public or to other users.
The term does not include an electronic mail program or a message
board program.

(2)  “Identifying information” has the meaning
assigned by Section 32.51.

Call Chad West NOW to discuss your case!  (214) 509-7555