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Breaking Down How the Stalking Laws Work in Texas


Not all domestic violence crimes involve assault or physical altercations. Under the umbrella of domestic violence is threatening behavior that puts the victim in fear of imminent danger. By this definition, stalking may be considered an act of domestic violence.


In Texas, stalking isn’t just a crime or a potential act of domestic violence – it’s a felony. Because of this, if you have been charged with stalking, you are likely to face quite serious penalties.
What exactly is stalking, though, and what actions or accusations led to your stalking charges in the first place? Take the time to learn about your charges before reaching out to an experienced Texas defense lawyer and building your defense strategy.



What Is Stalking According to Texas Statutes?
Texas law defines stalking as a series of actions committed by one person against another that put the victim in fear of imminent danger, including:
• Bodily injury or death
• Bodily injury or death to the victim’s partner or family member
• Offenses committed against their property



Stalking is also defined by other emotions that the offender’s actions may incite, including feelings of harassment, annoyance, alarm, torment, or embarrassment.


All of these factors must be present in order for a person to be convicted of stalking. The same victim (or their property) must be the target of the threat – general threats will not be considered in stalking cases.


Offenders also do not have to make specific threats against the victim to be charged. The fear of burglary, trespassing, or other crimes against the victim’s property may be enough to qualify as criminal actions in Texas.


Penalties for Stalking Charges in Texas
Stalking is a felony of the third degree in Texas. If you are convicted, you may face penalties including:
• Between two and 10 years in prison
• Up to $10,000 in fines



Felony convictions may also result in the temporary loss of citizenship rights or severe limitations on getting a job or loan.


Offenders may also be subject to a protective order. The terms of a protective order may include required counseling, the loss of custody, or prohibitions on contacting or visiting the victim.


Protection orders may last for up to two years. Offenders who violate their protective order may be subject to jail time and additional fees.


Prior Stalking Conviction? Texas Might Hit You with Even More Serious Charges
Not all stalking crimes are third degree felonies – some are worse. Aggravating factors may increase charges to a felony in the second degree. For example, offenders who have a stalking crime on their criminal record will have to face elevated charges, even if the crime was committed in a different state. If you are convicted of a felony in the second degree, your prison sentence may be doubled – offenders can face up to 20 years behind bars.



This is why it is very important to fight back against all criminal charges, even if it is your first arrest. Just one past conviction could result in years of additional prison time down the road.


Do you have questions about your robbery charge? Call the Hampton Law Firm at 817-877-5200 and we will be happy to look this information up for you and give you a free case analysis.


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0:00 How To Beat A Stalking Case in Texas – A Former DA Breaks Down The Law And Defenses!
0:56 How is “stalking” defined under the law of Texas?
01:43 What is considered as “harassment?”
01:59 What are the penalties of Stalking and Harassment charges?
02:42 What are the instances of online stalking or harassment?
03:27 How can an attorney defend your case?
03:48 Remember: stalking is a felony!

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