Texas Stalking Laws & Penalties
The Texas Penal Code defines stalking as knowingly engaging in a course of conduct that is directed toward another person. That the person knows or should reasonably know would cause the victim to:
- Fear for their safety or the safety of others
- Suffer emotional distress
Stalking can take many forms, including following someone, repeatedly contacting them, or monitoring their activities without their consent. The penalties for stalking in Texas vary depending on the severity of the offense. But can include fines, imprisonment, and a restraining order.
Texas Stalking Laws
In Texas, stalking is a criminal offense that is punishable by law. The state has specific laws that define and address stalking behavior. Below are some key points about Texas stalking laws:
Definition of Stalking: Texas law defines stalking as a course of conduct directed at a specific person. That would cause a reasonable person to feel fear. A course of conduct can include acts such as following, communicating, or threatening the victim, or interfering with their property.
Penalties for Stalking: Stalking is generally charged as a felony offense in Texas. The penalties for stalking can vary depending on the severity of the offense and the victim’s age. Penalties can range from a fine and up to 2 years in jail for a first-time offense. To up to 10 years in prison for a repeat offender or a stalking offense that involves certain aggravating factors.
Protective Orders: Victims of stalking in Texas can obtain a protective order. Also known as a restraining order, to prohibit the stalker from contacting or coming near them. A protective order can also require the stalker to stay away from the victim’s home, workplace, and other locations.
Reporting Stalking: If you believe you are being stalked or harassed, it is important to report the behavior to the police. Texas law enforcement agencies are required to take stalking reports seriously and investigate them thoroughly.
Is Stalking a Felony in Texas
Stalking is generally considered a third-degree felony in Texas, which is one of the most serious classes of felonies in the state. However, the penalties for stalking can vary depending on the specific circumstances of the offense. And the severity of the victim’s injuries or fear.
For example, if the victim is a minor, elderly, disabled, or a public servant. The offense can be elevated to a second-degree felony, which carries more severe penalties than a third-degree felony.
If the offender has a prior conviction for stalking or a similar offense. The offense can be charged as a second-degree felony or even a first-degree felony. Which carries the most severe penalties.
Penalties for a third-degree felony in Texas can include a fine of up to $10,000 and a prison sentence of 2 to 10 years. Penalties for a second-degree felony can include a fine of up to $10,000 and a prison sentence of 2 to 20 years.
While penalties for a first-degree felony can include a fine of up to $10,000. With a prison sentence of 5 to 99 years, or life imprisonment.
Is Cyberstalking a Crime
Cyberstalking is a crime in Texas. Texas law includes provisions that prohibit stalking and harassment through electronic communication. Including email, social media, instant messaging, and other forms of digital communication. Cyberstalking is defined as the use of electronic means to repeatedly harass, alarm, or annoy another person.
Under Texas law, cyberstalking cases can be charged as either a misdemeanor or a felony. Depending on the specific circumstances of the offense. The penalties for cyberstalking in Texas can include fines, imprisonment. As well as a restraining order to prohibit the offender from contacting the victim.
Penalties for Stalking
The penalties for stalking in Texas can vary depending on the specific circumstances of the offense. As well as the severity of the victim’s injuries or fear. Below are the general penalties for stalking in Texas:
- A first-time offense of stalking in Texas is generally considered a third-degree felony. The penalties can include a fine of up to $10,000 and a prison sentence of 2 to 10 years.
- If the offender has a prior conviction for stalking or a similar offense. The offense can be charged as a second-degree felony. The penalties can include a fine of up to $10,000 and a prison sentence of 2 to 20 years.
- If the victim is a minor, elderly, disabled, or a public servant. The offense can be elevated to a second-degree felony, which carries more severe penalties than a third-degree felony.
- If the offense involves certain aggravating factors, such as the use of a deadly weapon, the penalties can be increased.
- In addition to fines and imprisonment, a victim of stalking in Texas can obtain a protective order. Also known as a restraining order, to prohibit the stalker from contacting or coming near them.
It is important to note that these penalties are for stalking offenses that do not involve aggravating factors. If the offense involves aggravating factors, the penalties can be significantly higher.
Penalties for Cyberstalking
The penalties for cyberstalking law in Texas can vary depending on the specific circumstances of the offense. Below are the general penalties for cyberstalking in Texas:
- Cyberstalking can be charged as a misdemeanor or a felony in Texas, depending on the severity of the offense.
- A first-time offense of cyberstalking in Texas is generally considered a misdemeanor. The penalties can include a fine of up to $4,000 and a jail sentence of up to one year.
- If the offense involves aggravating factors or if the offender has a prior conviction for cyberstalking or a similar offense the offense can be charged as a felony. The penalties can include a fine of up to $10,000 and a prison sentence of 2 to 10 years.
- In addition to fines and imprisonment, a victim of cyberstalking in Texas can obtain a protective order. Also known as a restraining order, to prohibit the stalker from contacting or coming near them.
It is important to note that these penalties are for cyberstalking offenses that do not involve aggravated stalking factors or prior criminal charges and convictions. If the offense involves aggravating factors or prior convictions, the penalties can be significantly higher.
Arrested? Don’t Plea, Call Me!
If you find yourself or a loved accused of cyberstalking or stalking charges in Texas. You will need an experienced defense attorney to protect your legal rights. You need our skilled and seasoned defense lawyers at Texas Criminal Defense Group.
If you live in Lubbock County, Potter County, Randall County, Dallas County, Denton County, Midland County or Tarrant County, Contact our criminal defense attorneys at Texas Criminal Defense Group for a legal review of your case.