Texas Stalking Laws


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Tex. Penal Code § 42.072. Stalking. (2014)

(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) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know 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 in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
  • (3) would cause a reasonable person to fear:
    • (A) fear bodily injury or death for himself or herself;
    • (B) fear 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) fear that an offense will be committed against the person's property; or
    • (D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

(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:

  • (1)“Dating relationship,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
  • (2) “Property” includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.
  • SECTION 2. Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.36 to read as follows:
  • ART. 13.36. Stalking. The offense of stalking may be prosecuted in any county in which an element of the offense occurred.
  • SECTION 3. Chapter 38, Code of Criminal Procedure, is amended by adding Article 38.46 to read as follows:
  • ART. 38.46. Evidence in prosecutions for stalking.
  • (A) in a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person to experience a fear described by section 42.072(A)(3)(A), (B), or (C), penal code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship.
  • (B) This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas rules of evidence or other applicable law.
  • SECTION 4. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

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The Anti-Gang Stalking Center was created in response to the Organized Crime Pandemic called Organized Stalking (a.k.a. Organized Gang Stalking and Community Stalking) and its various forms of Electronic Harassment and Torture.

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