Tuesday

Texas Stalking Laws

TEXAS

penal Code Sec. 42.072 - 1997. STALKING.
(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 Chapter 71, Family Code.

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.

SB 139, which went into effect on September 1, 2001, increases the penalties for stalking crimes. Pursuant to the new law, violations for stalking now carry felony penalties. The statute also amends the definition of the crime of harassment to include electronic communications.