You might be surprised to hear that texting an ex can be more than just annoying behavior. At a certain point, it crosses the threshold into criminal behavior. So, exactly how many texts are considered harassment in Texas, and when can texting and unwanted communications turn into felony stalking? Let's start with texting.
Yes, texting can turn into harassment charges, so let's look at what's on the books.
In the Penal Code Chapter 4, harassment includes a long list of behaviors. Right now, I want to stick to two subsections in Sec. 42 that we can use to think about the line between communication and harassment.
Ok, let's ask Texas about harassment via text or phone.
“Repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.”¹
So, when we ask how many texts are considered harassment in Texas, we're not talking about a number but "repeated," and that word can be interpreted broadly. Texts that are repeated and unsolicited have the potential to trigger harassment charges.
How about social media?
Note that "repeated" appears in both cases.
“…publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person."²
So, "distress" appears to be wide open, doesn't it? Let me tell you, without making this article a 45-page essay, that the language is deliberately open-ended so that reasonable people can use it to apply the law. This matters when we go for a fast dismissal.
Let's look at some examples—and yeah, don't do this.
For starters, here's where we want to stop to avoid facing charges.
- Nope #1: Blowing up your ex's number, with dozens of texts a day, even after they block you.
- Nope #2: Leave disparaging, disturbing, or embarrassing comments on every Instagram or TikTok post. When blocked, create a new account and continue.
- Nope #3: Tweet a bunch of times or post several TikToks that reveal information about someone, and a reasonable person can figure out who you're talking about.
Each of these scenarios can be considered harassment. Again, the question I see out there is, "How many texts are considered harassment in Texas," or "How many comments or tweets are harassment?"
Here's the bottom line: If you're asking the question, then you've sent too many.
So, why isn't this article just about texting?
Let's be clear about the kind of contact that can lead to felony charges.
- Facebook Messenger, Instagram DMs, Snapchat, or WhatsApp
- Tagged content
- Phone calls or voicemails
- Online forums
Any, and I mean any, digital or electronic communication method can be exploited for harassment, so keep that in mind. Keep it at the front of your mind.
Punishment for harassment? That starts with up to half a year in jail.
If you're convicted of harassment and it's your first time, you're typically looking at a Class B misdemeanor, which means up to 180 days in jail and a fine of up to $2,000.
Can charges be upgraded?
Charges can be upgraded to a Class A misdemeanor under the following circumstances.
- Previously convicted of harassment.
- Harassment against an individual under the age of 18 and with the intent to cause that person to commit suicide or engage in conduct causing serious bodily injury.
- Knowingly violating a court order by communicating with the victim.¹
A protective order makes as little as a single text illegal.
A protective order or magistrate's order for emergency protection completely changes the kind of texting behavior that can be considered a crime. At that point, even one text message can be a violation.
No slip-ups. No communication. Period.
Here's an example: Your ex-girlfriend has a protective order against you, but you're supposed to pick up your child from school, and you're running late.
You send her a friendly text to tell her what the situation is. A protective order? Sure, but there’s no harm in that, right? Nope, that’s a crime.
What about asking for a go-between to text her on your behalf? Again, don't do it. If the protective order specifically forbids indirect contact, then violating a protective order in this way is typically a Class A misdemeanor.
Don't text during legal proceedings.
Your texts can be entered into evidence and shown on a screen in court. If you're going through a divorce or custody case, your communication history is going to be used against you. Even if it doesn't rise to the level of a crime, a text during a case like this will hurt you.
When you must communicate, especially if children are involved, keep your tone neutral. Stick to the facts, and as hard as it may be, avoid becoming emotional.
Your ex's bad behaviors don't justify yours.
It can be tempting to retaliate if your ex is being difficult. But in court, their bad behavior doesn't give you a pass to harass them. No matter your reasoning, you will put yourself at risk of facing criminal charges.
If you have children, consider a parenting app.
Co-parenting apps like OurFamilyWizard and AppClose make it easier to communicate with an ex and not get into sticky situations that border on harassment.
These apps advertise themselves as tools that make it easier to share schedules and mediate conflict. Should you use one? It looks like a reasonable option, but always speak to an attorney first.
Remember, police can find erased snaps.
Even if you're sending messages via an app like Snapchat that's designed to make messages "disappear," the data isn't gone for good. The state has software that can often recover erased photos and messages. They can even subpoena the app companies themselves for information.
Harassment can turn into a felony stalking charge.
Stalking is the more serious version of harassment. Still, text messages can be enough to cross the threshold into felony stalking territory.
In Texas, stalking comes down to one word: fear.
According to Texas law, stalking is engaging in a pattern of conduct that you knew or should have known would cause a reasonable person to fear bodily injury or death for themselves, a family member, or a dating partner, or that an offense would be committed against their property.²
A second stalking charge, following a previous conviction, is when we start to use the word "felony."
Similar to harassment, stalking charges can get way worse, way faster when you have a history of convictions.
A second stalking conviction translates to a second-degree felony, with 2-20 years in prison.
What leads to third-degree felony charges?
If a district attorney has reason to believe they can show a jury that your texts created an atmosphere of fear of injury or death, charges get serious fast.
“Fear of injury or death” fast-tracks individuals to a possible third-degree felony—two to 10 years in prison and a fine of up to $10,000.
Cyberbullying and online harassment were added to Texas's definition of harassment in 2021.
Posting publicly only recently became a crime, so we have to wrap our heads around what that means.
- If you're concerned about picking up a harassment charge, don't assume you can switch to public posting via Instagram or X.
- If you post online and you intend to annoy, alarm, abuse, or embarrass an ex or other person, you're putting yourself in the position to be charged under cyber harassment statutes.
Senate Bill 530 explicitly included the act of publishing repeated electronic communications on social media platforms or websites.³
"Vagueposting" can still count as harassment.
It's all about whether a reasonable person would be able to tell who you're referring to.
Experienced lawyers challenge intent, evidence, and context.
If you've been accused of harassment via text, the evidence tends to be there for all to see. However, that doesn't mean the cases are simple, and your lawyer has ways to undermine the evidence or cast new light on it.
The state must prove you knew your conduct would harass.
Your messages have to fall under the umbrella of "harass, annoy, alarm, abuse, torment, or embarrass." If there was a misunderstanding, we can challenge the intent.
And prove it was really you.
With the rise of AI, it's easier than ever for someone to fake a screenshot or text. If there's any doubt about whether you or someone you know sent a harassing message, your lawyer should work to expose it.
A good lawyer will work to prove that a "reasonable person" would not think a post was specifically targeting your ex.
Just because someone was offended doesn't make a post a crime. You may have been sending messages that an ex interpreted one way but were meant differently.
Context matters.
Typically, these charges are brought without that person considering their own behavior. Did they respond? Was the communication on and off again, or really a one-way street? The majority of the time, we can get these charges dealt with before trial.
You may have been sending messages that an ex interpreted one way but were meant differently. There's room for a strong defense at the outset.
Call Gold Legal, PLLC, the moment charges are filed against you.
If you are being charged or investigated for harassment or stalking in Texas, do not send another text or post "one last time."
We work with all communities and with people of all backgrounds, especially folks in underserved communities—this law office is your ally.
Close the app. Call the professionals. Contact Gold Legal today for a confidential consultation.
— Kandi Gilder, Attorney at Law
Gold Legal, PLLC
References
- Texas Penal Code § 42.07 (a)(7); 2025. Available from https://statutes.capitol.texas.gov/Sec=42.07a7
- Texas Penal Code § 42.07(a)(8); 2025. Available from https://statutes.capitol.texas.gov/Sec=42.07a8
- Texas Penal Code § 42.072; 2025. https://codes.findlaw.com/tx/penal-code/penal-sect-42-072/
- Texas State Legislature. Senate Bill 530: Relating to the prosecution of the offense of harassment. Austin (TX): 87th Legislature; 2021. Available from: https://legiscan.com/TX/bill/SB530/2021
