Stalking
Course of conduct on more than one occasion that the actor knows or reasonably believes the other will regard as threatening, that would cause a reasonable person to fear bodily injury / death / offense involving family or property, AND causes the targeted person to feel that fear.
The base classification is 3rd degree felony (first offense), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Course of conduct (more than one occasion) directed at a specific person
- Conduct that is harassment under §42.07, or that the actor knows or reasonably should know the person will regard as threatening
- Would cause a reasonable person to fear bodily injury, death, or an offense against family, household, dating partner, or property — or to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended
- Actually causes the person (or a family/household member or dating partner) that fear or those feelings
- Grade: 3rd degree; 2nd degree with a qualifying prior conviction
Course of conduct on more than one occasion that the actor knows or reasonably believes the other will regard as threatening, that would cause a reasonable person to fear bodily injury / death / offense involving family or property, AND causes the targeted person to feel that fear.
| If this condition applies… | Charge escalates to |
|---|---|
| Prior stalking conviction | 2nd degree felony |
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Worked examples
Stalking under §42.072 (basic offense) is what level of offense?
- Class A misdemeanor
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony