The Silent or Abusive Calls to 9-1-1 Service offense in the state of Texas makes it a crime, when you know there is no real emergency, to call 9-1-1 or allow someone else to use your device to call 9-1-1 and make abusive statements or stay silent. Learn more detailed information about the Silent or Abusive Calls to 9-1-1 Service offense below.
SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE ATTORNEY FAQs
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Silent or Abusive Calls to 9-1-1 Service is classified in the Texas Penal Code under Title 9 “Offenses Against Public Order and Decency”, Chapter 42 “Disorderly Conduct and Related Offenses.”
What is the current Texas law about Silent or Abusive Calls to 9-1-1 Service?
The current Texas law defines the offense of Silent or Abusive Calls to 9-1-1 Service in Penal Code Section §42.061 as follows:[1]
(b) A person commits an offense if the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally:
(1) remains silent; or
(2) makes abusive or harassing statements to a PSAP employee.
(c) A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person’s control to be used by another person in a manner described in Subsection (b).
PSAP means “public safety answering point.”[2]
How can I be charged with Silent or Abusive Calls to 9-1-1 Service?
You can be charged with Silent or Abusive Calls to 9-1-1 Service if the state’s attorneys believe that each of the elements of either 42.061(b) or 42.061(c), as described in the section above, have been met.
What is the punishment for Silent or Abusive Calls to 9-1-1 Service?
A conviction for Silent or Abusive Calls to 9-1-1 Service is punished as a Class B misdemeanor,[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors
Legal References:
^1. Texas Penal Code §42.061^2. Texas Penal Code §42.061(1)^3. Texas Penal Code §42.061(d)
