Texas
This page lists the most applicable state crimes addressing stalking.
However, depending on the facts of the case, a stalker might also be charged
with other crimes, such as trespassing, intimidation of a witness, breaking and
entering, etc. Check your state code or consult with your local prosecutor about
other charges that might apply in a particular case.
Stalking
Harassment
Related Offenses
Also See: Texas Civil Stalking Law
Analyzing Stalking
Laws
Stalking
Tex. Penal Code § 42.072. Stalking. (2011)
(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) 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 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 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 for an individual
with whom the person has a dating relationship; or
(C) that an offense will be committed against the person's
property.
(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, "dating relationship," "family,"
"household," and "member of a household" have the meanings assigned by Chapter
71, Family 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. Back to Top
Harassment
Tex. Penal Code § 42.07 Harassment. (2001)
(a) A
person commits an offense if, with intent to harass, annoy, alarm, abuse,
torment, or embarrass another, he:
(1) initiates communication by
telephone, in writing, or by electronic communication and in the course of the
communication makes a comment, request, suggestion, or proposal that is
obscene;
(2) threatens, by telephone, in
writing, or by electronic communication, in a manner reasonably likely to
alarm the person receiving the threat, to inflict bodily injury on the person
or to commit a felony against the person, a member of his family or household,
or his property;
(3) conveys, in a manner reasonably
likely to alarm the person receiving the report, a false report, which is
known by the conveyor to be false, that another person has suffered death or
serious bodily injury;
(4) causes the telephone of another
to ring repeatedly or makes repeated telephone communications anonymously or
in a manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(5) makes
a telephone call and intentionally fails to hang up or disengage the
connection;
(6) knowingly permits a telephone
under the person's control to be used by another to commit an offense under
this section; or
(7) sends
repeated electronic communications in a manner reasonably likely to harass,
annoy, alarm, abuse, torment, embarrass, or offend
another.
(b) In
this section:
(1) "Electronic communication" means
a transfer of signs, signals, writing, images, sounds, data, or intelligence
of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system. The term
includes:
(A) a
communication initiated by electronic mail, instant message, network call, or
facsimile machine; and
(B) a
communication made to a pager.
(2) "Family" and "household" have
the meaning assigned by Chapter 71, Family Code.
(3) "Obscene" means containing a
patently offensive description of or a solicitation to commit an ultimate sex
act, including sexual intercourse, masturbation, cunnilingus, fellatio, or
anilingus, or a description of an excretory function.
(c) An
offense under this section is a Class B misdemeanor, except that the offense
is a Class A misdemeanor if the actor has previously been convicted under this
section.
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Related Offenses
Tex. Penal Code § 21.15. Improper Photography or Visual Recording. (2007)
(a) In
this section, "promote" has the meaning assigned by Section
43.21.
(b) A
person commits an offense if the person:
(1) photographs or by videotape or
other electronic means records, broadcasts, or transmits a visual image of
another at a location that is not a bathroom or private dressing
room:
(A) without the other person's
consent; and
(B) with
intent to arouse or gratify the sexual desire of any
person;
(2) photographs or by videotape or
other electronic means records, broadcasts, or transmits a visual image of
another at a location that is a bathroom or private dressing
room:
(A) without the other person's
consent; and
(B) with
intent to:
(i) invade the privacy of the other
person; or
(ii) arouse or gratify the sexual
desire of any person; or
(3) knowing the character and
content of the photograph, recording, broadcast, or transmission, promotes a
photograph, recording, broadcast, or transmission described by Subdivision (1)
or (2).
(c) An
offense under this section is a state jail felony.
(d) If
conduct that constitutes an offense under this section also constitutes an
offense under any other law, the actor may be prosecuted under this section or
the other law.
(e) For
purposes of Subsection (b)(2), a sign or signs posted indicating that the
person is being photographed or that a visual image of the person is being
recorded, broadcast, or transmitted is not sufficient to establish the
person's consent under that subdivision.
Tex. Penal Code § 33.07. Online Impersonation. (2011)
(a) A person commits an offense if the person uses
the name or persona of another person to create a web page on or to post one or
more messages on a commercial social networking site:
(1) without
obtaining the other person's consent; and
(2) with the intent to
harm, defraud, intimidate, or threaten any person.
(b) A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar communication that
references a name, domain address, phone number, or other item of identifying
information belonging to any person:
(1) without obtaining the other
person's consent;
(2) with the intent to cause a recipient of the
communication to reasonably believe that the other person authorized or
transmitted the communication; and
(3) with the intent to harm or
defraud any person.
(c) An offense under Subsection (a) is a felony of
the third degree. An offense under Subsection (b) is a Class A
misdemeanor, except that the offense is a felony of the third degree if the
actor commits the offense with the intent to solicit a response by emergency
personnel.
(d) If conduct that constitutes an offense under
this section also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this
section that the actor is any of the following entities or that the actor's
conduct consisted solely of action taken as an employee of any of the following
entities:
(1) a commercial social networking
site;
(2) an Internet service provider;
(3) an
interactive computer service, as defined by 47 U.S.C. Section
230;
(4) a telecommunications provider, as defined by Section
51.002, Utilities Code; or
(5) a video service provider or cable
service provider, as defined by Section 66.002, Utilities
Code.
(f) In this section:
(1) "Commercial
social networking site" means any business, organization, or other similar
entity operating a website that permits persons to become registered users
for the purpose of establishing personal relationships with other users
through direct or real-time communication with other users or the creation of
web page or profiles available to the public or to other users. The
term does not include an electronic mail program or a message board
program.
(2) "Identifying information" has the meaning assigned by
Section 32.51.
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