Stalking Criminal Defense Lawyers in Frisco, Texas

Defending Against Stalking Charges in Collin, Denton & Surrounding Counties

The crime known in Texas as Harassment is essentially the less serious, misdemeanor form of the more serious and felony-level conduct known as Stalking. To be considered stalking, there must be many instances of intimidating or threatening behavior. There is an objective “reasonable” requirement imposed on the target, so that even if someone alleges that he or she is being “stalked,” it does not rise to the level of criminal stalking based on mere annoyance or slight apprehension of the alleged victim. It requires more.

In the state of Texas, Harassment is considered to be a separate offense from Stalking. However, Harassment can be elevated to the more serious felony of Stalking if it occurs several times against the same person and the accused is aware that they are engaging in the behavior. Even if the activity in question is not specifically classified as Harassment in the Texas Penal Code, it may nevertheless be the foundation for a prosecution of stalking if it threatens bodily damage or an infraction against property.

What is the Law on Stalking

Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:

(A) bodily injury or death for the other person;

(B) bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or

(C) that an offense will be committed against the other person’s property;

(2) causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and

(3) would cause a reasonable person to:

(A) fear bodily injury or death for himself or herself;

(B) fear bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship;

(C) fear that an offense will be committed against the person’s property; or

(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

Penalty Ranges for Stalking

Typically, unless the accused has been previoulsy convicted of Stalking, the penalty for Stalking is that of a 3rd degree felony punishable by 2 to 10 years in prison.  However, if the actor has been previously convicted, it is a 2nd Degree Felony punishable by 2 – 20 years in prison. 

Other important Definitions

“Dating relationship,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

• “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
• “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship.

(2) “Property” includes a pet, companion animal, or assistance animal

Examples of Stalking

Following a person, making frequent threatening or harassing phone calls to them, showing up at their place of employment, or vandalizing their property are all instances of typical behaviors that fall under the category of stalking.  It is especially important now to be cautious of sending multiple text or social media messages because depending upon the content, it could constitute harassment or stalking.

Is it possible to be found guilty of the crime of stalking even if no one is injured and no property is damaged?

Even if you don’t do any actual physical harm to another person or their property, it is still possible to be charged with and convicted of the crime of stalking. When one person follows another with the intent to annoy or threaten them, this is known as stalking. There is no requirement of any kind of harm. Also, the threats might be explicit, such as in a text message or voicemail that says someone is going to injure another person, or they can be implicit. For example, a text message or voicemail could suggest that someone is going to hurt another person. Examples of implicit threats include following a person about in an attempt to frighten them or indirectly causing damage to their property in some other way.

In addition, you can still be guilty of stalking even if you induce someone else to make a threat, whether it is overt or covert. As a consequence of this, it is possible to be convicted of the crime of stalking for the actions of another person even if you did not directly cause physical harm to that person or their property.