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I have a victim of a crime from 15 years ago who was brutally beaten, stabbed, and left to die. The defendant was convicted and is eligible for parole in 2040.

The defendant's family (we presume it is them) has tracked down the victim, who now lives elsewhere in Texas, and sends her cards and letters multiple times throughout the year. The victim is absolutely terrified. The cards make no threats, but tell the victim that they are "praying for her for accusing the wrong person and putting him in prison" and things of that nature. Our victim suffers from PTSD, so this really traumatizes her. She received another letter for Easter, this one signed by the mom and sister of the defendant (first names only), so we know it is them. They live in another state.

I am just trying to help this victim find a way to stop this behavior. She's scared to death, but I can't find a way (criminally) to do it.

Do you greater minds have any advice or similar situations?
 
Posts: 52 | Location: 21st District | Registered: September 06, 2012Reply With QuoteReport This Post
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You might be able to fit it in section 42.072(a)(2)(D) of the Texas Penal Code. But I'm not sure how you could apply Texas criminal law to two out of state residents. Since they are using the interstate mail service (USPS?) maybe there is a federal law (mail fraud? harassment? stalking?) in the U.S. Code that you could apply in cooperation with the U.S. Attorney. Hope that helps.
 
Posts: 10 | Registered: April 29, 2015Reply With QuoteReport This Post
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If the facts fit Chris' suggestion of stalking, Article 13.01 of the Code of Criminal Procedure allows for prosecution of crimes that occur outside the state if any element occurs within the state.

On a more practical note, what about suggesting that the victim have a lawyer send a cease and desist letter? Or contact authorities in the state where the family lives?
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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I agree that stalking could be an option but it would be a stronger case if the offenders were put on actual notice that the recipient of the mail considers the content of these mailings as alarming, harassing, annoying, tormenting, a threat of bodily injury, and a threat of damage or loss of personal property.

While I was in private practice I advised clients receiving unwanted mail to mark on it "Return to sender - Addressee unknown" and dump it unopened back in the mailbox. The Vic would not even have to pay postage.
 
Posts: 109 | Location: Llano, TX USA | Registered: June 29, 2009Reply With QuoteReport This Post
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