What is considered stalking in Texas?
Stalking is a serious offense in Texas, and it is important to understand what behaviors constitute this crime. According to Texas Penal Code Section 42.072, stalking involves engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. This article will delve into the specifics of what is considered stalking in Texas, including the types of behavior that can lead to charges and the consequences of being convicted of stalking.
The Texas Penal Code defines stalking as any of the following actions, committed with the intent to harass, annoy, alarm, abuse, or intimidate a person:
1. Monitoring or following the person: This can include physically following someone, using electronic devices to track their location, or monitoring their social media accounts.
2. Communicating with the person: This can involve sending unwanted messages, emails, or texts, or making unwanted phone calls.
3. Threatening the person: Making verbal or written threats to harm the person or their property can be considered stalking.
4. Approaching the person in a public place or at the person’s residence or workplace: This can include attempting to communicate with the person or appearing in a public place where the person is likely to be.
5. Intimidating the person: This can involve actions that are meant to scare or intimidate the person, such as damaging their property or destroying their personal belongings.
It is important to note that stalking does not require the victim to actually be in fear or to suffer emotional distress. The mere intent to cause fear or distress can be sufficient for a stalking charge. Additionally, stalking can be classified as either a Class A misdemeanor or a third-degree felony, depending on the severity of the offense and the number of prior stalking convictions.
If a person is convicted of stalking in Texas, they may face the following consequences:
– Imprisonment: A Class A misdemeanor can result in up to one year in jail, while a third-degree felony can result in up to 10 years in prison.
– Fines: A Class A misdemeanor can carry a fine of up to $4,000, while a third-degree felony can result in a fine of up to $10,000.
– Probation: A judge may sentence the offender to probation, which can include mandatory counseling, community service, or other conditions.
– Restraining orders: The court may issue a restraining order, also known as a protective order, to prevent the offender from contacting the victim.
Understanding what is considered stalking in Texas is crucial for anyone who may be at risk of becoming a victim or who may be accused of stalking. By recognizing the signs of stalking and taking appropriate action, individuals can help protect themselves and others from the serious consequences of this crime.
