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Reason
Reason
Politics
Eugene Volokh

Threatening to Tell Ex's Employer That Ex Was Sleeping With Her Boss Isn't "Obscene Harassment"

From State v. Solis, decided last week by the Texas Court of Appeals (Justice Gina Benavides, joined by Chief Justice Dori Contreras and Justice Jaime Tijerina):

On August 5, 2020, Solis was charged by information with obscene harassment [a class B misdemeanor, Tex. Penal Code Ann. § 42.07(a)(4)]:

[O]n or about June 28, 2019, … SOLIS did then and there, with intent to harass, annoy, alarm, abuse, torment, or embarrass Jessica Gamboa [Moreno], intentionally and knowingly initiate communication by telephone OR by electronic communication with [Moreno], and in the course of the communication, make an obscene comment OR suggestion, to-wit: threatening to accuse [Moreno] of improper relations with co-workers AND/OR [Moreno]'s attorney to [Moreno]'s employer ….

Moreno [testified at trial that] she and Solis had a romantic relationship that ended in February of 2019. Moreno testified that after the relationship ended, Solis "constantly" called and left voicemails. Moreno described the nature of the voicemail Solis left on June 28, 2019:

[MORENO]: Basically, we could do this the hard way or the easy way and that he was going to call directly to the company that I worked with and let them know that I was sleeping with my boss and with an attorney from Robstown.

[STATE]: Okay. And by sleeping with, is that implying sex?

[MORENO]: Intercourse, yes….

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