Stalking

Elements of Stalking

To prove stalking, the prosecution must show: (1) the defendant engaged in conduct constituting harassment on more than one occasion; (2) the conduct was directed at a specific person; (3) the defendant knew or reasonably should have known the conduct would cause the victim to feel harassed; and (4) the conduct would cause a reasonable person to fear bodily injury or death.

Stalking vs. Harassment

Harassment (§ 42.07) is a Class B misdemeanor involving a single course of conduct. Stalking requires a pattern of conduct on more than one occasion and causes fear of bodily injury or death. The distinction between harassment and stalking can significantly affect the severity of the charges.

Penalties for Stalking

A first stalking offense is a 3rd degree felony (2–10 years prison, up to $10,000 fine). A second or subsequent stalking offense, or stalking in violation of a court order, is a 2nd degree felony (2–20 years prison).

Online and Cyberstalking

Stalking can occur through electronic communications, social media, email, and other online platforms. Cyberstalking is prosecuted under the same statute as traditional stalking and carries the same penalties. Digital evidence including messages, posts, and location data is commonly used in these cases.

Potential Penalties

• › 1st offense: 3rd degree felony (2–10 years prison, $10,000 fine
• › 2nd offense or violation of court order: 2nd degree felony (2–20 years
• › Protective order prohibiting contact with victim
• › Permanent felony record

Possible Defenses

• › The conduct did not constitute harassment under the law
• › No pattern of conduct, only a single incident
• › The victim's fear was not reasonable
• › Mistaken identity
• › First Amendment protected activity
• › Lack of intent to cause fear

Frequently Asked Questions