CriminalDefenseNate asnwered some questions. However, I would like to get a second opinion from a different expert. The question: I am in Texas and I sent an text to a man that is in VA and I believe is having an affair with my wife. The text is a picture of my gun and the following "I have this baby for sale. if interested let me know. I will be in DC next month I can deliver it to ur office or home I have an address." Am I in any trouble here? We have been exchangin texts for a couple of weeks but nothing agressive until now.
State/Country relating to question: Texas
I am in TX the receiver of the text is in VA.
DearCustomer- I'm not certain what Nate told you but my opinion is that the text standing alone is not a threat since on its face it is an offer to sell the gun (unless there is some violation of a gun law which is really not relevant to your question). So if nothing else is said or done I see no crime in your text message. The problem in these situations is when or if something happens to the guy in VA. You will be the first and probably the only suspect and a copy of this text would not help your defense. Neither TX or VA has an "alienation of affections" statute so you have no basis to file a civil action against this guy and obviously a physical assault is illegal. If you continue to send him texts or harass him in any way you could end up being sued for harassment by him. If your wife chooses to continue to see the other guy you probably should try to solve the problem through her since she is just as responsible for the affair.
Thank you much Dave. Nate mentioned that is not really assault as it was not inminent. Do you agree? I know it was stupid I wish I would not have done it. I have stop all communication with him. He told me he was going to have his lawyer contact me. Do you think the police will investigate something like this? and If so, what is the worst case scenario?
I see no problem with the statement and I doubt his lawyer will be calling. If he does, DO NOT talk to him and simply hang up. As I said above, the statement standing alone is not a threat so there simply is no crime involved. You are not under the jurisdiction of the VA courts so if the guy really wanted to sue you in civil court he would have to come to Texas to do so and get a Texas attorney. I doubt any of that is likely.
Thanks Dave, this helps a lot. In case he were to contact the police, do you see it likely for the police to even spend time and investigate...etc? I want to believe they won't take this very seriously given the fact I am not in the same state and it is only one text and not a serious of text threating him...etc.
I would agree that the police are probably not going to look twice at this. There is no threat in the text and they have no jurisdiction over anyone in Texas. Obviously I have no way of predicting what anyone will do but based on all the facts I really believe there is no problem so long as you do not continue sending texts.
25 years experience practicing attorney
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