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If a person sends messages to a phone that they assume is mine, and the messages are intended for me and have my name on them, and are threatening to me, can law enforcement press charges, or does the message have to be directly sent to my number?
Asked on June 20, 2009 under Criminal Law, Texas
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although I do not practice in Texas, I do not see any reason why this would not constitute criminal harassment. Although the fact that the person has dialed the wrong number may constitute a potential defense once this individual is arrested, I would assume that it would not serve to negate probable cause for the purposes of his or her arrest. Think about it this way, if the person painted the threats onto a house, but accidentally painted them onto the house across the street from you, this would still constitute criminal harassment. Similarly, just because the person has dialed the wrong number does not mean that they are not harassing you. I suggest that you obtain all of the recordings/evidence of the harassment. Once you have done so, consult with a criminal defense attorney to determine the best way to present this evidence to the police.
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