Stalking is generally defined as someone making a credible threat to another individual. In addition to threatening the victim, the person repeatedly communicates with the victim, follows them around, or communicates with their family members.

What Is the Stalking Law in Texas?

In Texas, stalking is defined as a person knowingly directing the same course of conduct or scheme toward a specific individual. The conduct is done on more than one occasion and communicates some kind of threat or bodily injury.

What Does the State Need to Prove to Convict me of Stalking?

The prosecutor needs to prove the person, on more than one occasion, knowingly committed the same course of conduct that:

  • A reasonable person would know or reasonably should know the victim would consider threatening. This includes threatening to cause death or bodily injury to the victim or their family member.
  • Causes victim, their family or household member, or the victim’s significant other to fear bodily harm or death.
  • Causes the victim, their family or household member, or the victim’s significant other to fear the person will damage personal property.

Does Texas Consider Pets as Property?

Yes. Property includes a pet, an assistance animal, or a companion animal, along with real estate and vehicles.

What Punishment Will I Face for a Stalking Conviction in Texas?

The punishment for being convicted depends on whether it is the person’s first or subsequent stalking offense. A person convicted of stalking for the first time will be sentenced according the felony in the third degree penalties:

  • Two to 10 years in prison
  • $10,000 fine
  • Both prison time and a fine

If the person has a prior stalking conviction, they will be charged with a felony in the second degree and may be sentenced to:

  • Two to 20 years in prison
  • $10,000 fine
  • Both prison time and a fine

Should I Contact a Lawyer Regarding My Stalking Charge in Texas?

Stalking is a felony charge that can result in a felony conviction and a serious punishment. You should immediately contact a Texas lawyer to find out the defenses you can use to resolve this charge.