{"id":376678,"date":"2016-03-31T21:36:55","date_gmt":"2016-04-01T02:36:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-stalking-laws.html"},"modified":"2018-03-28T10:51:22","modified_gmt":"2018-03-28T15:51:22","slug":"texas-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-stalking-laws.html","title":{"rendered":"Texas Stalking Laws"},"content":{"rendered":"\n
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Texas Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The crime of stalking<\/a> is defined as a pattern of malicious behavior — such as repeatedly showing up at an estranged partner’s house after being told to stay away — as opposed to a one-time event. While stalking is often associated with repeatedly following or pursuing someone, stalking can also be characterized by less direct actions, such as repeatedly contacting someone through the mail, phone, or internet. In addition, stalking can take the form of unwanted gifts or messages. The pattern of behavior must cause the victim to fear for his or her safety or well-being in order to be considered stalking.<\/p>\n

Stalking has been codified as a crime in all fifty states. In Texas, specifically, the law defines stalking as when someone knowingly engages in behavior that someone else would find threatening, and that would cause a reasonable person to be afraid. Stalking is treated as a 3rd<\/sup> degree felony, which means that it is often punishable with a prison sentence. If convicted of another charge of stalking, it is considered to be a 2nd<\/sup> degree felony.<\/p>\n

Find out more about Texas stalking laws in the table below, and see Details on State Stalking Laws<\/a> for a general overview.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

Texas Penal 42.072<\/a><\/p>\n<\/td>\n<\/tr>

Stalking Defined as<\/p>\n<\/td>\n

A person commits an offense if on more than one occasion and pursuant to scheme or course of conduct directed at specific person, knowingly engages in conduct that:<\/p>\n

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  1. Stalker knows\/reasonably believes victim will view as threatening;<\/li>\n
  2. Causes fear; and<\/li>\n
  3. Would cause a reasonable person to fear.<\/li>\n<\/ol>\n<\/td>\n<\/tr>

Punishment\/Classification<\/p>\n<\/td>\n

3rd degree felony<\/p>\n<\/td>\n<\/tr>

Penalty for Repeat Offense<\/p>\n<\/td>\n

2nd degree felony<\/p>\n<\/td>\n<\/tr>

Arrest or Restraining Order Specifically Authorized by Statute?<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Note About Threat<\/p>\n<\/td>\n