Penal Code · §42.072
Stalking
Elements
- A person
- On more than one occasion and pursuant to the same scheme or course of conduct directed at a specific other person
- Knowingly engages in conduct that constitutes harassment under §42.07; or that the actor knows or reasonably should know the other person will regard as threatening bodily injury, death, or that an offense will be committed against the other person, a member of the other person's family or household, or property of the other person
- Causes the other person, a member of family/household, or person with whom the other has a dating relationship to feel harassed/terrorized/etc.; AND
- Would cause a reasonable person to feel harassed, alarmed, annoyed, abused, tormented, embarrassed, offended, or to fear bodily injury or death
Penalty
Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
Second-degree felony if actor has been previously convicted of stalking — 2 to 20 years TDCJ + up to $10,000 fine (§12.33). Civil remedies and protective orders also available.