July 18, 2024
Roughly 13.5 million people are stalked in the US annually, according to the Stalking Prevention, Awareness, and Resource Center (SPARC).
Even so, only half of US states categorize stalking as a felony offense. Texas is among these states, classifying it as a third-degree felony or even a second-degree felony in some cases.
In this article, we’ll discuss everything you need to know about Texas stalking laws, including the penalties, legal protections, and what to do if you’re being stalked or accused of being a stalker.
How Does Texas Define Stalking?
Different states have different laws for stalking, with varying degrees of severity and penalties. In Texas, stalking is considered a third-degree felony, classified under the same category as kidnapping, theft of more than $30,000, and tampering with physical evidence.
Under the Texas Penal Code § 42.072, stalking is considered an offense if a person knowingly engages in repeated behavior that would cause a reasonable person to feel intimidated, frightened, or threatened. The stalking can be carried out by the stalker or someone acting on their behalf.
Stalking manifests in various forms, including following someone, monitoring their activities without their consent, repeatedly contacting them, and sending unwanted gifts.
Cyberstalking also falls under this category and includes activities like:
- Sending unwanted and often threatening messages through social media
- Impersonating the victim online to damage their reputation
- Using spyware to track the victim’s computer activity or location
- Video-voyeurism, or installing video cameras to access the private lives of individuals without their consent
- Exhorting others to harass the victim online on their behalf
What Is Considered a Threat?
In Texas, a threat is considered illegal if it’s enough to cause a reasonable person to fear serious bodily injury or death. The offender doesn’t have to act on the threat for it to be considered illegal; as long as it creates fear, it can lead to legal consequences.
Implied threats are also considered stalking. For example, if the offender says, “You don’t want to find out what I’ll do to you and your family,” it’s still viewed as a threat and could be used as a basis for a stalking protective order.
What Are the Penalties For Stalking in Texas?
In Texas, stalking is generally considered a third-degree felony.
Penalties for the first offense can include 2 to 10 years in prison and a fine of up to $10,000. If a second offense occurs, it’s charged as a second-degree felony and carries a fine of up to $10,000 and 2 to 20 years in prison.
The penalties for stalking depend on the severity of the offense. For example, if the stalking includes threats of violence or actual physical harm, or if the person being stalked is a minor, disabled, elderly, or a public servant, the offender will face higher fines and longer prison terms.
If the offender has other criminal offenses alongside a history of stalking, they may be charged with a second-degree felony or even a first-degree felony. Penalties for a first-degree felony can include a fine of up to $10,000 and a prison sentence of 5 to 99 years, or life imprisonment.
Can Victims Obtain a Protective Order Against a Stalker?
Victims of stalking may obtain a protective order to prevent the offender from contacting or approaching them after they’ve paid the fine or served prison time.
If the offender violates the protective order, they’ll be charged with a second-degree felony.
Second-degree felonies carry fines of up to $10,000 and 2 to 20 years in prison.
Is it Still Considered Stalking if the Victim Knows the Offender?
Yes, it’s still considered stalking if the victim knows the offender.
Most stalking cases occur between people who are well acquainted with each other, like an ex-partner, an old friend, or even a family member.
For an action to be considered stalking, the offender must cause a reasonable person to feel frightened, threatened, or intimidated.
A single instance of following someone or sending a threatening message wouldn’t be interpreted as stalking. But if the behavior is repeated, it would count as stalking under Texas law.
Has Texas’s Stalking Law Changed In Recent Years?
Texas’s stalking law is stricter now than ever before.
Under the previous stalking statute, only the person being stalked, their family, and the people in their household can file for legal protection. The new law implemented on September 1, 2023, extends this protection to the victim’s girlfriend/boyfriend.
It also broadens the definition of criminal stalking. The old definition remains the same, criminalizing threatening behavior occurring “on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person.”
However, the new law also includes a subsection that states “different types of conduct” are considered a part of “the same scheme or course of conduct.”
For example, if a victim receives a bouquet with a threatening letter, he/she could use it as evidence to charge the offender with stalking so long as the state can claim they’re part of “the same scheme or course of conduct.”
Another new addition to the stalking law is if the offender has been previously convicted of stalking, they won’t be charged with a third-degree felony but rather as a second-degree felony. This increases the maximum prison term from 10 years to 20 years.
These changes, while minimal, allow Texas law enforcement to charge more people with stalking with less evidence than needed.
What Should You Do If You’re Being Stalked?
If you’re being stalked, the first and most important step is to ensure you and your family are safe. Then, contact law enforcement and speak with an experienced attorney.
Collect all the evidence you have of stalking, whether it be online messages, unwanted gifts, or videos of the same person appearing near your house.
You can use this evidence to press charges against the stalker and file a stalking protective order, depending on your circumstances.
Final Thoughts – Our Lawyers Can Help
Stalking is a punishable crime under Texas law. If you or a loved one is being stalked or you’ve been accused of stalking, reach out to The Napier Law Firm. Our experienced attorneys can give you the guidance and representation you need with your case.