what is considered stalking in texas

2 min read 27-12-2024

Stalking is a serious crime in Texas, carrying significant legal consequences. Understanding what constitutes stalking is crucial for both victims seeking protection and individuals wanting to avoid legal trouble. This article will clarify the legal definition of stalking in Texas and explore different scenarios that might fall under this criminal offense.

Understanding Texas Stalking Laws

Texas Penal Code § 22.07 defines stalking as engaging in conduct with the intent to harass, annoy, alarm, or injure another person. This conduct must be repeated, meaning it occurs more than once, and must place the victim in fear of their safety or the safety of a member of their family. The key elements are:

Intent to harass, annoy, alarm, or injure: The perpetrator must have a conscious objective to cause emotional distress or fear.
Repeated conduct: A single incident is generally not enough; the behavior must be repeated over time.
Placing the victim in fear: The victim must reasonably believe their safety or the safety of their family is at risk due to the perpetrator's actions.

Types of Conduct Considered Stalking

The definition of "conduct" is broad and encompasses a wide range of actions. Some examples of behaviors that may constitute stalking in Texas include:

Direct Contact:

Repeated phone calls or texts: Numerous unwanted calls or messages, even if the content isn't overtly threatening, can constitute stalking.
Showing up unexpectedly: Repeatedly appearing at the victim's home, workplace, or other places they frequent.
Following or surveillance: Tracking the victim's movements, either in person or through technology.

Indirect Contact:

Cyberstalking: Using social media, email, or other online platforms to harass, annoy, or threaten the victim. This includes creating fake profiles or spreading false information.
Sending unwanted gifts or letters: Repeatedly sending items to the victim even after being told to stop.
Involving others: Getting others to harass or intimidate the victim on the perpetrator's behalf.

What is NOT Considered Stalking?

It's important to note that not all unwanted contact is considered stalking. Casual interactions, occasional encounters, or accidental meetings are generally not sufficient to meet the legal definition. The key is the repeated nature of the conduct and the intent to cause fear or distress.

How to Obtain a Protective Order in Texas

If you are experiencing stalking, you can seek a Protective Order from a Texas court. This legal order can prohibit the stalker from contacting you, coming near your home or workplace, or possessing a firearm. A lawyer can guide you through the process of obtaining a Protective Order.

Penalties for Stalking in Texas

Stalking in Texas is a crime that can result in serious penalties, including:

Jail time: Depending on the circumstances, stalking can be a misdemeanor or a felony, with potential jail sentences ranging from a few months to several years.
Fines: Significant fines can also be imposed.
Protective orders: Judges may issue protective orders to prevent further harassment.

Seeking Legal Advice

If you believe you are a victim of stalking or are facing accusations of stalking, it is crucial to seek legal counsel immediately. An experienced Texas criminal defense attorney can advise you on your rights and represent you in court.

Disclaimer: This article provides general information and should not be considered legal advice. For specific legal guidance, consult with a qualified attorney in your jurisdiction.