What's the effective difference between 42.07(a)(7) telephone harassment (to wit: making repeated tele. calls in a manner likely to harass, etc.) and the felony stalking charge of 42.072(a) that:
(1) constitutes an offense under 42.07;
(2) causes the other person to feel harassed, etc.
(3)would cause a reasonable person to:
(D) feel harassed, etc.
We have a guy who has repeatedly called dispatch for the obvious purpose of harassing and annoying the dispatchers. I'm considering whether to charge the felony or go with the misdemeanor and note that harassment and this version of stalking appear to be effectively the same. How are you folks looking at these kind of cases?
42.07 requires intent. 42.072(1) gives the easier option of proving the actor "reasonably should know..."
Would you consider the dispatch number to be an individual, corporation, or association? Because otherwise it's not a "person," and you don't have harassment or stalking.
Would this fall under 42.06 or 42.061?
thanks for the input, guys. That gives me something to think about. I actually hadn't considered 42.061. I don't deal with misdemeanors normally and wasn't familiar with that statute. 42.061 is actually the best fit for our facts.
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