Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Karenev v. State - 2nd COA

PC ยง42.07(a)(7) - Harassment [1] is unconstitutionally vague because a person of ordinary circumstances cannot tell what is prohibited and what is not. In addition, the statute is vague because it uses the terms "annoy" and "alarm" which are inherently vague and because the standard of conduct the statute specifies is dependent on each complainant's sensitivity. In addition, the statute does not define the term "repeated" or indicate the requisite frequency of the repeated communications. Karenev v. State, 2-05-425-CR [2].

Source URL: http://www.tdcaa.com/node/2419

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.009.00.000042.00.htm#42.07.00
[2] http://www.2ndcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=19392