Anyone had 42.07 Harassment challenged and want to share throughts/research/briefs with me? Defense just submitted a brief challenging the 'repeated telephone communications' part of 42.07 and I'd like to see what you did with such a claim.

I did one a long time ago. I think telephone harrassment is okay except for the manner and means that is identical to the language struck down in Long, "harrass, annoy, alarm."

Yeah, thanks, that's what my guy was charged with and convicted under. What was your harassment case based on?

My defendant threatened to blow up another woman's house. The part of the statute that bothers me, specifically, is the last part of 42.07(a)(4). Repeated calls, or repeated anonymous calls seem okay, but repeated calls "in manner reasonably likely to harass, annoy alarm" seems bad under Long. I think 42.07(a)(7) is bad, too. My two cents.

if anyone wants a copy I'm happy to share. Thanks to Julie Klibert of Harris County for sharing her good work on the Townsend appeal with me.

G

i'm going to resurrect this topic to see how people feel about it now. The San Antonio Court of Appeals held this statute unconstitutional in Scott v. State- 298 SW3d 264, and the CCA has taken petition for discretionary review. How are your offices handling this while we await the decision?