Is Stalking a Felony in Texas?
Stalking is a serious offense that can have severe consequences for the victim. In Texas, stalking is a criminal offense that can lead to felony charges, fines, and even imprisonment. In this article, we will explore the laws surrounding stalking in Texas, the consequences of being convicted, and what you can do if you are a victim of stalking.
What is Stalking in Texas?
Stalking is defined in Texas as "a knowing and intentional course of conduct directed at a specific person, that would cause a reasonable person to fear for their safety or the safety of a third person, or suffer emotional distress." (Texas Penal Code, Section 42.072). This means that stalking can take many forms, including:
• Following or keeping track of someone’s location
• Showing up at someone’s home, workplace, or school
• Sending unwanted messages, gifts, or communications
• Making threats or harassing phone calls
• Monitoring someone’s phone, computer, or online activity
Is Stalking a Felony in Texas?
Yes, stalking can be a felony in Texas. In fact, it is considered a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. (Texas Penal Code, Section 42.072). The severity of the punishment depends on the specific circumstances of the case, including:
• Number of violations: If the stalker has committed three or more violations, it can be considered a more serious offense, punishable by 5 to 20 years in prison.
• Violence or threat of violence: If the stalker has used or threatened to use physical force against the victim, it can be considered a more serious offense, punishable by 5 to 20 years in prison.
• Harassment of a child: If the stalker has targeted a child, it can be considered a more serious offense, punishable by 10 to 20 years in prison.
Consequences of Being Convicted of Stalking in Texas
If you are convicted of stalking in Texas, you can face severe consequences, including:
• Criminal charges: You can be charged with a felony, which can result in imprisonment and fines.
• Criminal record: A conviction for stalking can result in a criminal record, which can affect your ability to get a job, find housing, or obtain a loan.
• Civil liability: You can be sued by the victim for damages, including emotional distress, medical expenses, and lost wages.
• Loss of rights: A conviction for stalking can result in the loss of certain rights, such as the right to possess a firearm or the right to vote.
What to Do if You are a Victim of Stalking in Texas
If you are a victim of stalking in Texas, there are several steps you can take to protect yourself and seek justice:
• Contact the police: Report the stalking to the police and ask for a protective order.
• File a protective order: You can file a petition for a protective order, which can prevent the stalker from contacting you or coming near your home, work, or school.
• Document evidence: Keep a record of all incidents, including dates, times, and details of what happened.
• Seek support: Reach out to a support group or a counselor to help you cope with the emotional trauma of being stalked.
Table: Stalking Offenses in Texas
| Offense | Penalty |
|---|---|
| Stalking (first offense) | Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000 |
| Stalking (second offense) | Class C felony, punishable by 2 to 10 years in prison and a fine of up to $10,000 |
| Stalking (third or more offenses) | Third-degree felony, punishable by 5 to 20 years in prison and a fine of up to $10,000 |
| Stalking with a prior violent felony conviction | Second-degree felony, punishable by 5 to 20 years in prison and a fine of up to $10,000 |
Conclusion
Stalking is a serious offense that can have severe consequences for the victim. In Texas, stalking can be a felony, punishable by imprisonment and fines. If you are a victim of stalking, it is important to seek help and support as soon as possible. By understanding the laws surrounding stalking in Texas and taking the necessary steps to protect yourself, you can help ensure your safety and well-being.
