Texas does not have a single criminal statute called “bullying.” Instead, the Texas Penal Code for bullying behavior is a set of overlapping offenses that prosecutors apply depending on what the person actually did: harassment under Section 42.07, stalking under Section 42.072, assault under Section 22.01, online impersonation under Section 33.07, and disorderly conduct under Section 42.01. Which charge fits depends on whether the conduct was verbal, written, electronic, or physical, whether it was repeated, and whether it put the victim in fear.
Harassment Under Section 42.07
Section 42.07 is the statute that most directly captures bullying. It makes it a crime to contact or communicate with someone intending to harass, annoy, alarm, abuse, torment, or embarrass them. Covered conduct includes obscene comments, threats of bodily injury or a felony offense, false reports of a person’s death or serious injury, anonymous or repeated phone calls, and repeated electronic messages sent by text, email, or social media.1State of Texas. Texas Penal Code Chapter 42 – Disorderly Conduct and Related Offenses
A 2017 amendment added Section 42.07(a)(8), which specifically targets social media. Publishing repeated electronic communications on a website or social media platform in a manner reasonably likely to cause emotional distress or torment is its own form of harassment, unless the posts involve a matter of public concern.1State of Texas. Texas Penal Code Chapter 42 – Disorderly Conduct and Related Offenses Subsection (a)(7) covers repeated electronic messages sent directly to the recipient, whether by text, email, instant message, or social media. The statute defines “electronic communication” broadly enough to cover anything transmitted by wire, radio, or internet-connected device.
Harassment is normally a Class B misdemeanor. A conviction carries up to 180 days in county jail and a fine up to $2,000. If the person has a prior harassment conviction, the charge is enhanced to a Class A misdemeanor, with up to a year in jail and a fine up to $4,000. That repeat-offender enhancement matters in bullying situations, where conduct often continues after a first warning or charge.
Stalking Under Section 42.072
When bullying becomes a sustained pattern that makes the victim fear for their safety, prosecutors move from harassment to stalking. Section 42.072 defines stalking as conduct engaged in on more than one occasion, directed at a specific person, as part of the same scheme or course of conduct, where the behavior either qualifies as harassment under Section 42.07 or involves threats of bodily injury, death, or property damage.1State of Texas. Texas Penal Code Chapter 42 – Disorderly Conduct and Related Offenses The statute also protects the victim’s family, household members, and dating partners.
The dividing line between harassment and stalking is the pattern and the fear it produces. A single threatening message may be harassment; a repeated campaign that would cause a reasonable person to fear for their safety is stalking. Stalking is a third-degree felony, carrying two to ten years in prison and a fine up to $10,000. A second stalking conviction is enhanced to a second-degree felony, with a sentencing range of two to twenty years.1State of Texas. Texas Penal Code Chapter 42 – Disorderly Conduct and Related Offenses
Online bullying that crosses state lines may also fall under federal cyberstalking law. 18 U.S.C. Section 2261A makes it a crime to use the internet or other electronic communications in interstate commerce to engage in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or that causes substantial emotional distress.2Office of the Law Revision Counsel. 18 U.S. Code 2261A – Stalking
Online Impersonation Under Section 33.07
Fake profiles and impersonation accounts show up often in cyberbullying, and Texas treats them seriously. Section 33.07 makes it a crime to use another person’s name, photo, or persona on a social networking site or through electronic communications without consent, with the intent to harm, defraud, intimidate, or threaten any person.3State of Texas. Texas Penal Code Section 33.07
Online impersonation under Subsection (a) is a third-degree felony. That means the same two-to-ten-year prison range and up to $10,000 fine that applies to stalking. For a bullying scenario where a student sets up a fake Instagram or TikTok account in a classmate’s name to humiliate them, this statute gives prosecutors a felony-level charge to work with.
Assault and Disorderly Conduct
Bullying that turns physical falls under Texas Penal Code 22.01. A person commits assault by intentionally or knowingly causing bodily injury, threatening someone with imminent bodily injury, or making physical contact they know the other person will find offensive or provocative.4City of Houston. Family Violence Unit – Texas Law Simple assault causing bodily injury is a Class A misdemeanor, with up to a year in jail and a fine up to $4,000. Enhancements apply based on who the victim is and the circumstances of the offense, and certain aggravating factors can elevate the charge to a third-degree felony carrying two to ten years in prison.
Short of assault, in-person bullying in a public place can qualify as disorderly conduct under Section 42.01 when it involves abusive, profane, or vulgar language or offensive gestures intended to provoke a violent reaction. Disorderly conduct is generally a Class C misdemeanor, punishable by a fine up to $500 with no jail time, though certain variations carry stiffer penalties.1State of Texas. Texas Penal Code Chapter 42 – Disorderly Conduct and Related Offenses
When the Bully Is a Minor
Most school-age bullying involves minors, and that changes how the Penal Code gets applied. In Texas, individuals under seventeen who commit offenses are generally processed through the juvenile justice system rather than adult criminal court. Juvenile proceedings focus on rehabilitation, and dispositions range from probation and community service to placement in a secure juvenile facility, depending on the offense and the minor’s history.
Parents can also face civil exposure. Under Texas Family Code Chapter 41, a parent or other person with a duty of control over a child is liable for property damage caused by the willful and malicious conduct of a child who is at least ten but under eighteen. Recovery is capped at $25,000 per occurrence, plus reasonable attorney’s fees and court costs. Parents may also be liable for property damage caused by a child’s negligence when that negligence is attributable to the parent’s own failure to supervise and discipline the child, and that prong applies to children of any age under eighteen.5State of Texas. Texas Family Code Chapter 41 – Liability of Parents
Schools Have Separate Obligations Under David’s Law
The Penal Code is not the only lever when bullying happens at school. Texas Education Code 37.0832, known as David’s Law, requires every school district to adopt a bullying prevention policy, investigate reports, notify the parents of both the targeted student and the student accused, and protect anyone who reports in good faith from retaliation.6State of Texas. Texas Education Code 37.0832 – Bullying Prevention Policies and Procedures The law also extends school authority to off-campus cyberbullying when it interferes with a student’s educational opportunities or substantially disrupts classroom operations. School discipline runs separately from any criminal case and can include counseling, class transfers, or placement in a disciplinary alternative education program.
Chapter 7A of the Texas Code of Criminal Procedure allows victims of stalking (and certain other offenses) to seek a protective order prohibiting contact and keeping the offender away from the victim’s home, school, or workplace. Note that Chapter 7A does not cover general harassment under Section 42.07 standing alone; the conduct has to rise to the level of stalking or another qualifying offense in the statute.7Justia. Texas Code of Criminal Procedure Chapter 7A – Protective Order for Victims of Sexual Assault or Abuse, Stalking, or Trafficking
Reporting and Preserving Evidence
If the bullying is happening at school, start with the district’s reporting system. David’s Law requires every district to maintain an anonymous reporting channel, usually an online portal, mobile app, or phone line, and the school must investigate and notify the parents on both sides.6State of Texas. Texas Education Code 37.0832 – Bullying Prevention Policies and Procedures
If the conduct involves threats of violence, repeated harassing messages, physical assault, or a fake online profile, it moves beyond what the school can handle, and the victim or parent can file a report directly with local law enforcement. Police can investigate under Section 42.07 and the related statutes above and refer the case for prosecution if the evidence supports it. The strongest cases are built on saved screenshots, text messages, voicemails, and dated records showing a clear pattern of behavior, so preserve everything rather than deleting it.