What is Stalking?

Stalking is an abnormal or long-term pattern of threat or harassment that:

(a) is directed repeatedly toward a specific individual

(b) is experienced as unwelcome or intrusive

(c) is reported to trigger fear or concern

Examples of stalking include: following, loitering nearby, maintaining surveillance, and sending unwanted gifts or messages. Stalking may escalate to physical assault, sexual assault, and/or even murder.

Legal Definition of Stalking in Texas:

Penal Code Sec. 42.072 - 1997

(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, including following the other person, 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

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

(2) causes the other person or a member of the other person's family or household 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

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

(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor has previously been convicted under this section.

(c) In this section, "family," "household," and "member of a household" have the meanings assigned by Section 71.01, Family Code.

Penalty: Class A misdemeanor - $4,000 and/or up to one year in jail unless there is a prior conviction for stalking, in which case the penalty is upgraded to a 3rd degree felony (2 to 10 years in prison and a possible fine of up to $10,000).
In addition, the releasing officer is required to make a "reasonable effort" (one attempt) to get in touch with the victim when the stalker is being released or escapes from prison. It is the victim's responsibility to notify law enforcement officials of a change in the victims' phone number or address.
Added by Acts 1997, 75th Leg., ch 1, & 1, eff. Jan. 28, 1997. Amended by Acts 1999, 76th Leg., ch. 62, & 15.02(e), eff. Sept. 1, 1999.

Stalking Laws in other States

How is Stalking Proven?

(a) Intent of stalker: Stalker has the intent or the knowledge that his/her actions will instill fear of death or bodily injury to the victim or a member of the victim's family or household. Threats can be explicit (e.g.-stating that he is going to kill the victim) or implied (e.g.-veiled threats, hurting the family pet). Threats have to be aimed at a specific person; they cannot be general threats. Threats may be conveyed by the stalker or by someone acting on behalf of the stalker.

(b) Conduct of stalker: Conduct has to occur on more than one occasion and be directed towards the victim and/or the victim's family or household members. More than one police report is not required. The acts may include threatening contact by mail or by phone or damaging the victim's property.

Penalty: Class A misdemeanor - $4,000 and/or up to one year in jail unless
there is a prior conviction for stalking, in which case the penalty is
upgraded to a 3rd degree felony (2 to 10 years in prison and a possible
fine of up to $10,000).

In addition the releasing officer is required to make a "reasonable effort"
(one attempt) to get in touch with the victim when the stalker is being
released or escapes from prison. It is the victim's responsibility to
notify law enforcement officials of a change in the victims' phone number
or address.

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