Fort Worth Harassment Law, Charges, and Defense

Fort Worth Harassment Law, Charges, and Defense from The McLarty Law Firm

Harassment charges in Texas can arise from a variety of situations, often stemming from strained personal or professional relationships. Under current Texas law, harassment is outlined in Texas Penal Code §42.07, which defines it as intentional conduct aimed at harassing, annoying, alarming, abusing, tormenting, or embarrassing another individual. This can include repeated unwanted communications via phone, text, email, or other electronic means, as well as certain physical actions. The law emphasizes the intent behind the behavior, making it a criminal offense when such actions cross into territory that reasonably causes distress.

If you’ve been accused of harassment in Fort Worth or the surrounding Tarrant County, it’s crucial to seek guidance from an experienced Fort Worth harassment lawyer at The McLarty Law Firm. These charges frequently emerge after breakups, disputes with ex partners, or workplace conflicts, where one party claims persistent, unwelcome contact. What might start as a simple misunderstanding can escalate into serious legal trouble if the communication is deemed to have the intent to harass under the Penal Code.

Facing harassment allegations in Fort Worth? Contact criminal defense, harassment attorney Chelsi McLarty at The McLarty Law Firm to review your case and build a strong defense strategy.

In this blog, we’ll break down what qualifies as harassment under Texas law, the potential penalties upon conviction, effective defense approaches, and key details like probation options and offense classification.

Online Solicitation of a Minor in Texas | Penal Code 33.021

Online solicitation of a minor is a serious felony offense in Texas, outlined under Texas Penal Code § 33.021. This law addresses sexually explicit communications with someone under 17 years old, as well as soliciting a minor to meet up for sexual activity. It’s important to understand that these charges can stem from online interactions, like chats, emails, texts, or social media, and they carry heavy consequences, including prison time and mandatory sex offender registration. But with the right defense, there are ways to challenge these allegations and seek a fair resolution.

Current Texas Law on Harassment

The current Texas law regarding harassment, as of 2026, remains governed by Texas Penal Code §42.07. This statute specifies that a person commits harassment if they intentionally engage in behavior to harass, annoy, alarm, abuse, torment, or embarrass another, including initiating communications (like calls or messages) that are obscene, threatening, or repeatedly disruptive. Recent legislative updates in 2025, such as expansions to protections for utility workers and public servants, have not altered the core definition for general harassment cases, but they highlight the state’s ongoing focus on preventing abusive conduct.

Penalties for Harassment in Texas

Harassment is typically classified as a Class B misdemeanor in Texas. This means a conviction could result in up to 180 days in county jail, a fine of up to $2,000, or both. However, if there’s a prior harassment conviction, the charge elevates to a Class A misdemeanor, carrying harsher penalties like up to one year in jail and fines up to $4,000. A skilled Fort Worth harassment lawyer can help mitigate these outcomes by challenging the evidence or negotiating reduced charges.

Can You Get Probation for Harassment in Texas?

Yes, probation, known as community supervision in Texas, is often available for harassment convictions, especially for first-time offenders. For a Class B misdemeanor, a judge may opt for probation instead of jail time, typically lasting up to two years and including conditions like counseling, no-contact orders, or community service. Eligibility depends on factors such as the case details and your criminal history. An experienced attorney at The McLarty Law Firm can advocate for probation to help you avoid incarceration and move forward.

What Level of Crime is Harassment in Texas?

As mentioned, harassment is a Class B misdemeanor under Texas law, unless enhanced to a Class A misdemeanor due to prior convictions. This classification positions it as a less severe offense than felonies, but still serious enough to impact your record, employment, and personal life. Understanding this level is key to mounting an effective defense.

Common Examples of Harassment in Fort Worth

Harassment can manifest in many ways, particularly in our digital age. Here are some scenarios that could lead to charges in Fort Worth and the surrounding Tarrant County:
  • Sending repeated obscene phone calls, emails, or text messages.
  • Making threats of bodily harm through calls, writings, or electronic means.
  • Falsely reporting a death or injury to alarm someone or their loved ones.
  • Causing someone’s phone to ring repeatedly without a purpose.
  • Bombarding someone with texts or messages likely to cause annoyance or distress.
  • Repeatedly calling and hanging up.
  • Sending ongoing electronic communications in a harassing manner.
  • Failing to disconnect a call intentionally to tie up the line.
  • Allowing others to use your phone or device for harassing acts.
  • Posting repeated online content, such as on social media, designed to cause emotional distress (except when related to public concerns).
A Fort Worth harassment lawyer can assist by demonstrating that actions were misinterpreted or lacked harmful intent.

Defining Obscenity in Harassment Cases

In the context of harassment, Texas law defines “obscene” as any patently offensive description or solicitation of an ultimate sex act, including graphic or explicit content meant to shock or offend.

What Counts as Electronic Communication?

Electronic communication under Texas law includes any sign, signal, writing, image, sound, data, or intelligence transmitted via wire, radio, electromagnetic, photoelectronic, or photo-optical systems. This broad definition covers texts, emails, social media posts, and more.

Strong Defenses Against Harassment Charges in Fort Worth.

Challenging harassment allegations often hinges on proving a lack of intent or exaggeration by the accuser. A proficient Fort Worth harassment lawyer might:

  • Argue that communications were not intended to harass but served a legitimate purpose, like co-parenting discussions.
  • Review records to show the alleged victim overstated the frequency or severity.
  • Invoke First Amendment protections if the speech relates to public matters.
  • Demonstrate that the behavior wasn’t objectively annoying or alarming.
For instance, in custody disputes, messages about a child’s welfare might annoy an ex but lack criminal intent. Proving this can lead to dismissal.

Criminal Defenses to Consider

Key defenses include:

Lack of Criminal Intent

Communications might have annoyed the recipient, but if sent for non-harassing reasons (e.g., checking on shared children), intent can't be proven.

Failure to Prove Annoyance or Alarm

Was the message objectively harassing? A single non-threatening text might not qualify, creating reasonable doubt.

Constitutional Protections

Certain expressions may be shielded as free speech.

Goals in Defending Fort Worth Harassment Cases

At The McLarty Law Firm, our priorities are:

  1. Avoid Jail Time: Keeping you free to maintain your job and family obligations.
  2. Prevent Conviction: Avoiding a criminal record that could hinder future opportunities.
  3. Expunge or Seal Records: Ensuring the incident doesn’t haunt your background checks.

Why Choose a Fort Worth Harassment Lawyer?

A conviction in Fort Worth or nearby Tarrant County areas like Arlington can stain your record permanently, affecting job prospects and more. Don’t face this alone; aggressive representation is essential to protect your future.

If you or a loved one faces harassment charges, act fast. The defense team at The McLarty Law Firm, featuring harassment lawyers with proven success, is here to help. During a consultation, we’ll assess your situation, outline options, and craft a tailored defense. Call (817) 900-3235 or visit https://mclartylawfirm.com/ to connect with a Fort Worth harassment lawyer today.

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