Rendon v. State - 3rd COA
While a general allegation of, or allusion to, sexual activity does not constitute an obscene comment for the purpose of prosecution for harassment, the specific language and its usage in this case do qualify because the words were spoken with the intent to harass, annoy, alarm, abuse, torment, or embarrass the complainant. The vulgar and yet often-used word, "f***," when used as a noun as in this case, has as its primary definition "an act of sexual intercourse." A rational jury could find beyond a reasonable doubt that the defendant's comment to the complainant that she "would only charge fifty cents for a f***" did contain a patently offensive description of an ultimate sex act, specifically sexual intercourse. Rendon v. State - 03-07-00616-CR.
