Workplace Harassment: When Does It Become a Criminal Offense in Texas?
Harassment in the workplace is a serious issue, but not all forms of workplace harassment are considered criminal offenses under Texas law. While many cases are handled through human resources departments or civil lawsuits, certain behaviors can escalate into criminal charges, leading to serious legal consequences.
If you’ve been accused of workplace harassment—or believe you’re a victim—it’s important to understand when workplace conduct crosses the line into criminal behavior and what legal options are available.
What Is Workplace Harassment?
Workplace harassment generally refers to unwelcome behavior that creates a hostile, intimidating, or offensive work environment. This can include:
✔ Verbal abuse or threats
✔ Sexual harassment (unwanted advances, inappropriate comments)
✔ Bullying or intimidation
✔ Stalking or excessive communication
✔ Physical aggression or violence
While Texas labor laws and federal employment laws protect employees from harassment, not all workplace harassment is criminal. However, when behavior involves threats, stalking, physical harm, or other illegal actions, criminal charges may apply.
When Does Workplace Harassment Become a Crime in Texas?
Certain forms of workplace harassment go beyond civil liability and become criminal offenses under Texas law. Here are some examples:
1. Harassment Under Texas Penal Code § 42.07
If someone intentionally annoys, alarms, abuses, torments, or embarrasses another person using:
✔ Repeated phone calls, texts, or emails
✔ Threats of harm
✔ Obscene language or inappropriate messages
They could face criminal harassment charges, which is a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- Fines up to $2,000
If the harassment involves a prior conviction or a public servant, it may be upgraded to a Class A misdemeanor, increasing penalties to:
- Up to 1 year in jail
- Fines up to $4,000
2. Stalking in the Workplace (Texas Penal Code § 42.072)
Repeated unwanted contact or behavior that causes fear can lead to stalking charges, which is a felony in Texas.
Examples of workplace stalking include:
✔ Repeatedly following a coworker to or from work
✔ Unwanted surveillance or excessive messages
✔ Showing up uninvited at a colleague’s home or workplace
Penalties for stalking include:
- Third-degree felony: 2 to 10 years in prison and fines up to $10,000
- Second-degree felony (if a prior stalking conviction exists): 2 to 20 years in prison
3. Sexual Harassment & Criminal Charges
While sexual harassment is typically handled through employment law, certain behaviors may lead to criminal charges, including:
✔ Unwanted physical contact (groping, touching)
✔ Indecent exposure in the workplace
✔ Threats or coercion for sexual favors (which could lead to sexual assault charges)
If physical contact is involved, charges could include assault, indecent exposure, or sexual assault, all of which carry significant penalties, including felony convictions and mandatory sex offender registration.
4. Workplace Assault (Texas Penal Code § 22.01)
If workplace harassment escalates into physical violence, it becomes assault under Texas law. Even pushing, shoving, or aggressive physical intimidation could lead to:
- Class A misdemeanor (bodily injury, minor altercations) – Up to 1 year in jail and a $4,000 fine
- Third-degree felony (serious injury or assault on a public servant) – 2 to 10 years in prison
Even threatening physical violence without actual contact could result in assault charges if the victim had a reasonable fear of harm.
How to Defend Against Workplace Harassment Charges
If you’ve been accused of workplace harassment, your reputation, job, and freedom may be on the line. A strong legal defense can challenge these accusations by proving:
✔ Lack of Intent – You did not mean to harass or threaten anyone.
✔ False Accusations – The claims were made up due to workplace disputes or personal grudges.
✔ No Pattern of Behavior – A one-time comment or disagreement does not meet the legal standard for harassment or stalking.
✔ Misinterpretation – Sometimes, jokes or casual conversations can be wrongly perceived as harassment.
At The Fox Firm, we understand the serious nature of workplace harassment accusations and will aggressively fight to clear your name and protect your future.
What to Do If You’re Facing Workplace Harassment Charges
If you’ve been accused of harassment at work, take these immediate steps:
1. Do Not Contact the Accuser – Any further communication could be used against you.
2. Gather Evidence – Save emails, messages, or witness statements that support your case.
3. Stay Off Social Media – Avoid posting anything that could be misinterpreted.
4. Consult an Attorney – A criminal defense lawyer can help fight the charges before they escalate.
Get Legal Help from The Fox Firm
If you are facing workplace harassment allegations or criminal charges in McKinney, Plano, or anywhere in Texas, you need experienced legal representation to protect your rights.
At The Fox Firm, we:
✅ Investigate false claims to uncover inconsistencies.
✅ Challenge weak evidence used against you.
✅ Defend you aggressively in court to reduce or dismiss charges.
Don’t let a workplace dispute ruin your future. Contact The Fox Firm today for a confidential consultation, and let us fight for you.