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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I accidentally text a full nude pic to one of my employees

Customer Question

I accidentally text a full nude pic to one of my employees in TX. I apologized because it was an honest mistake. It was meant for my wife. I got hR involved to make sure this didn't come up months from now while trying to manage her.
She told HR she accepted my apology and wanted to move forward in writing. 3 weeks later I find out she is suing business and wants to press charges.
I have zero history of harassment and only a professional relationship with this woman.
Can she do this, does she have a case ?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 7 months ago.
Thank you for using Just Answer. I look forward to assisting you. Honestly, I don't think there's much of a case for either, here, based on these facts. Criminally, she's probably thinking of disorderly conduct --harassment. Here is the statute: CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES § 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes: (A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.Here's why I don't think it applies --first, there was no intent to harass or annoy her. If you had done it intentionally, you wouldn't have apologized or gone to your employer about it and told them what you did. Second, it doesn't rise to the level of obscene, because there was no suggestion of a sexual act, etc. Also, a private citizen cannot press charges. Only the prosecutor's office can do that. She can file a police report, but it would be up to a prosecutor to decide whether there is a basis to bring a case --and the facts are too weak here I think to support anything. From a civil standpoint, the employer will likely argue they aren't a party, because you weren't acting in the course and scope of your duties as an employee when you sent that picture. You may have done it on company time, even, but they didn't tell you "Hey, send that picture." She could sue you for emotional distress, but that's a very high burden of proof. The elements of the cause of action of intentional infliction of emotional distress are (1) the defendant acted intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; (3) the actions of the defendant caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe.I don't believe for a minute that your actions rise to the level of extreme or outrageous, as it was one picture. Nor do I think she can prove "severe" emotional distress 3 weeks after the fact, when she accepted the apology and moved on, unless she's had a total breakdown since and is now under the care of a physician and getting therapy and taking medication. Could she still try to sue you? Sure, anyone can sue anyone else in this country. But I think she would be wasting her time and money.
Expert:  RobertJDFL replied 7 months ago.
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Expert:  RobertJDFL replied 7 months ago.
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