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Blog 2019 November What Constitutes Stalking in Texas?
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What Constitutes Stalking in Texas?

Posted By Jerry Loftin & Associates || 29-Nov-2019

In Texas, stalking is a serious crime. In fact, it’s considered so serious that it is classified as a third-degree felony. That means if you are accused of and convicted for this offense, you could be looking at years in prison and steep fines.

How Does Texas Define Stalking?

Stalking is generally defined as engaging in the same type of offensive conduct against an individual on more than 1 occasion. So let’s say you’ve met someone you really like and enjoy hanging out with. You’ve called them once to express your feelings and desires for them. If the person considers what you said to be alarming, abusive, or embarrassing, they could report you to law enforcement for harassment.

You still want to see and talk to this person you met, so you call and text them a couple more times. Again, if they find your communication harassing, you could be accused of another crime. However, since this is the second time you’ve contacted the person in an offensive way, the charge elevates from harassment to stalking.

The law is specific about the type of behavior that would be considered stalking.

Under statute 42.072, a person is considered to be stalking someone else if they engage in behavior that they know:

  • Is considered a harassment offense or that the other person will find threatening;
  • Will cause the other person to fear bodily injury, death, or damage to their property, or will make that person feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
  • Would make a reasonable person fear bodily injury or death, or feel harassed or annoyed

When it comes to behavior that threatens bodily injury or death, you could be violating the stalking law not only if the person you’ve communicated with fears this but also if their family or dating partner is afraid for their own safety. So if you’ve met someone who says they don’t want to meet up with you, and you send them a couple of text messages on more than 1 occasion threatening to hurt their brother unless they meet with you face-to-face, you face stalking charges.

What Are the Penalties for Stalking?

As mentioned earlier, stalking is a third-degree felony.

If you are convicted of stalking, you could face:

  • Between 2 and 10 years in prison and/or
  • A fine of up to $10,000

However, let’s say you were previously convicted of stalking, whether the alleged offense happened in Texas or another state. In that situation, the charge goes up to a second-degree felony.

In Texas, a conviction for second-degree felonies include:

  • Between 2 and 20 years in prison and/or
  • A fine of up to $10,000

Schedule a Free Consultation with Jerry Loftin & Associates

Our attorneys understand the seriousness of criminal charges and potential conviction penalties. That is why, if you’ve been accused of stalking or committing another crime, such as assault and family violence, we will work aggressively toward a favorable outcome on your behalf.

Get started with your case in Fort Worth by calling us at (817) 591-7850 or contacting us online.

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