Court of Criminal Appeals of Texas

Arthur Garcia Sanchez, Appellant v. the State of Texas

June 30, 19991999 Tex. Crim. App. LEXIS 89

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that Texas Penal Code §39.03(a)(3) – the sexual harassment provision of the official oppression statute – is neither unconstitutionally vague nor overbroad, and therefore the statute is constitutional as applied to the appellant. The Court also interpreted the term “unwelcome” to modify the entire list of prohibited conduct.