Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?
This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message last night.
A:
A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually too busy dealing with real crimes to handle this kind of CR**. I think in TX the word for it is Manure. If he sues you, you will need to hire a local attorney to defend yourself and remember that even in TX there are laws against Malicious Prosecution of a Civil Lawsuit, and you can counter sue him for damages.
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A:
Texas has a misdemeanor criminal offense named Harassment which can be committed in several ways, including sending 2 or more annoying electronic messages. Furthermore, committing Harassment on multiple occasions is one of the ways a person can commit felony Stalking. Both crimes are defined in Chapter 42 of the Penal Code.
That said, a private individual cannot "press charges" in Texas criminal courts. So, he could report it to law enforcement, but they would not necessarily do anything about it. Especially if you stop communicating with him. If law enforcement contacts you, do not speak to them without an attorney present. They may claim that they only need to talk to you to complete their paperwork but that is a lie. They are perfectly within their rights to decline to pursue his report without talking to you. If they are asking you questions they already believe you did it and are simply giving you an opportunity to confess.
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