Does anybody have any experience dealing with people using Facebook to harass other individuals?

I have a case where the Defendant made a series of alarming facebook posts about my victim. The victim isn't "tagged" in the posts and no private messages were sent. The PD filed it as a class B harassment case.

I'm not sure if a public post on facebook would be considered an electronic communication for purposes of the statute. Not having a lot of luck finding any guidance in case law at the moment.

Zack Wavrusa
Rusk County

I'm not sure when your conduct at issue occurred, but eff. 9/1/13, "electronic communication" is no longer an element of Harassment. That doesn't solve your problem, but I thought I'd pass it along anyway.

I would consider very carefully whether or not this is conduct you want to try and criminalize. The facts you describe don't seem to implicate any direct threat to the victim, or to even have been communicated to the victim. Beware of trying to criminalize speech just because it's mean or objectionable. See Ex Parte Lo 424 SW 3d 10 for the dangers of trying to make something illegal just because it's icky. See also Ex parte Thompson 414 S.W.3d 872. BUT... There's also Scott v. State 322 S.W.3d 662.

"Alarming" may still mean "protected by the 1st Amendment."