What is Stalking in Texas?

Stalking is a criminal offense in Texas that is defined under Penal Code 42.072. Stalking occurs when a person on more than one occasion and pursuant to the same course of conduct does things that he reasonably believes will put the victim in fear of damage to their property, bodily injury, or death. This is generally a third degree offense, unlike the similar charge of harassment which is generally a misdemeanor.

Stalking charges generally require a course of action that goes beyond phone calls and texts, although those could rise to the level of stalking depending on the content of the communication. The prosecutor, court, and potentially jury will look at what the accused’s thoughts were. The mental state requirement for stalking is knowingly.

What is Knowingly under Texas Law?

The nature-oriented definition of knowingly is as follows: A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.

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Penal Code Section 42.072  STALKING

(a)  A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

(1)  the actor knows or reasonably believes the other person will regard as threatening:

(A)  bodily injury or death for the other person;

(B)  bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or

(C)  that an offense will be committed against the other person’s property;

(2)  causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person’s property; and

(3)  would cause a reasonable person to fear:

(A)  bodily injury or death for himself or herself;

(B)  bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship; or

(C)  that an offense will be committed against the person’s property.

(b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:

(1)  the laws of another state;

(2)  the laws of a federally recognized Indian tribe;

(3)  the laws of a territory of the United States; or

(4)  federal law.

(c)  For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.

(d)  In this section, “dating relationship,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.