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Understanding Stalking Charges and Penalties in Texas
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Understanding Stalking Charges and Penalties in Texas
Stalking can be a frightening and dangerous crime. In Texas, stalking laws aim to protect victims and punish offenders. But what exactly constitutes stalking under Texas law? And what penalties can someone face if convicted? This article provides an overview of stalking laws and penalties in Texas, to help people understand this complex issue.
What is Stalking Under Texas Law?
Texas law defines stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or the safety of others. A “course of conduct” means two or more acts over a period of time that show intent to harass, annoy, alarm, abuse, torment, or embarrass another person 1.
- Repeatedly following or spying on someone, either in-person or online
- Repeatedly sending unwanted gifts, letters, emails, or text messages after being asked to stop
- Making unwanted phone calls, including hang-ups or not speaking
- Damaging or threatening to damage a person’s property
- Showing up uninvited at someone’s home, school, or work
- Monitoring a person’s activities or tracking their location
- Threatening physical or sexual violence against a person
The key is that the behavior shows a pattern of harassment. Isolated incidents may not necessarily constitute stalking under Texas law. However, if the conduct continues after a clear request to cease, then it could potentially be considered illegal stalking.
Penalties for Stalking in Texas
Stalking is generally considered a 3rd degree felony in Texas. However, penalties can vary depending on specific circumstances of the case 2:
- For a first-time stalking offense with no aggravating factors, penalties may include:
- Up to 10 years in prison
- Fines up to $10,000
- If the offender has a prior stalking conviction, the charge becomes a 2nd degree felony with harsher penalties:
- 2 to 20 years in prison
- Fines up to $10,000
- If the victim is under 17 years old, 65 years or older, or disabled, stalking automatically becomes a 2nd degree felony
- Stalking public servants like police officers or judges also leads to an automatic 2nd degree felony charge
- Using a deadly weapon while stalking can also increase the severity and penalties
In addition to fines and jail time, a stalking conviction also requires enrollment in a battering intervention program. The court may issue a protective order to prevent any contact between the stalker and victim.
Cyberstalking Laws in Texas
Stalking can also occur online through cyberstalking. This includes using electronic communications like email, social media, texts, or phone calls to harass, threaten, or intimidate a victim.Cyberstalking charges in Texas range from a Class B misdemeanor up to a 3rd degree felony depending on the circumstances 3.
- Up to 180 days in jail for a Class B misdemeanor
- Up to 10 years in prison for a 3rd degree felony cyberstalking charge
- Fines up to $10,000
Like traditional stalking, penalties increase if the cyberstalking involves threats against a child, elderly person, or public servant. Prior stalking convictions can also elevate a cyberstalking charge to a 2nd degree felony.
How to Report Stalking in Texas
If you feel you are the victim of stalking or cyberstalking, it’s important to report it to law enforcement. In Texas, you can file a report with your local police department or sheriff’s office. Reporting early helps establish a pattern of the stalking behavior.When filing the report, provide as much evidence as possible, such as 4:
- Copies of unwanted messages, emails, letters etc.
- Records of dates/times of any incidents
- Names of any witnesses
- Restraining orders or protection orders, if applicable
Ask the officer to document every incident to strengthen the case. Texas law requires officers to take stalking reports seriously. You may also consider additional safety measures like installing security cameras, changing your routine, or staying with family or friends.
What to Do If You Are Accused of Stalking
Stalking allegations must be taken seriously, even if you feel they are false or exaggerated. Being convicted of stalking in Texas carries severe penalties. If you are accused of stalking, here are some steps to take:
- Do not communicate with the alleged victim in any way, as it may be seen as further harassment
- Consider hiring a criminal defense attorney immediately to protect your rights
- Your attorney can examine the evidence against you and build a strong defense on your behalf
- They may argue the conduct was misinterpreted or does not meet the criteria for stalking under the law
- An experienced lawyer can also negotiate with prosecutors for reduced charges or dismissal if the allegations seem unfounded
Understanding Stalking Laws in Texas
Stalking and harassment take an emotional toll on victims and carry serious legal consequences for perpetrators. By understanding Texas stalking laws, penalties, and defense strategies, people can better protect themselves or avoid false accusations. While a stalking allegation should always be taken seriously, accused persons also deserve fair representation and due process. If you have any doubts or concerns about charges against you, consult with an experienced criminal defense attorney.
References
Texas Penal Code Sec. 42.072
Texas Stalking Penalties – https://statutes.capitol.texas.gov/
Cyberstalking in Texas – https://codes.findlaw.com/tx/penal-code/penal-sect-33-07.html
Stalking and Harassment – https://www.texasattorneygeneral.gov/victims/stalking.shtml