Asked in Criminal Law for Oklahoma

Q: How long can i hold a harassing text from my wife and still file harasment charges. We havent been seperated either.

State of Oklahoma

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1 Lawyer Answer

A: You would not be the one who files harassing charges -- the police or local prosecutor would be the one who does that. Criminal cases involve the State v. a defendant. The idea behind this is that crimes are committed against the state and you are a witness. I'd be surprised if the government got involved if you don't report the incidents immediately as the system is meant to punish crimes, not for leverage in a divorce or separation. I'm not implying you are doing either, but just underscoring why it is important to report incidents immediately.

The statute that makes harassing text messages a crime is §21-1172 (Obscene, threatening or harassing telecommunication or other electronic communications). http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440117

Note that one text message is not harassment. "Harassment" means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person.

To figure out the statute of limitations on a crime in Oklahoma, you use Title 22. http://www.oklegislature.gov/osstatuestitle.html

It looks like 3 years would be the limitation, but I'm not 100% sure. At the same time, I would be truly shocked if the government pressed criminal charges on conduct 3 years later.

My best advice is get a lawyer and strive for mediation, not litigation. A good divorce involves lots of compromise. No one ever benefited from litigation as opposed to just figuring out how to move on.

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