Texas

Stalking

• 42.072. Stalking

Harassment

• 42.07. Harassment

Related Offenses

• 21.15. Improper Photography or Visual Recording

Also See: Texas Civil Stalking Law

Analyzing Stalking Laws

---

Stalking

Tex. Penal Code Tex. Penal Code 42.072. Stalking. (2001)

(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, including following the other person, that:       

                                (1)      the actor knows or reasonably believes 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

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

                                (2)      causes the other person or a member of the other person's family or household to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property; and

                                (3)      would cause a reasonable person to fear:

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

(B)  bodily injury or death for a member of the person's family or household; or

(C)  (C) that an offense will be committed against the person's property.

(b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted under this section.

(c)  In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.

Back to top

---

Harassment

Tex. Penal Code 42.07. Harassment. (2001)

(a)  A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1)  initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2)  threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;

(3)  conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4)  causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5)  makes a telephone call and intentionally fails to hang up or disengage the connection;

(6)  knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or

(7)  sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

(b)  In this section:

(1)  "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

                                                        (A)      a communication initiated by electronic mail, instant message, network call, or facsimile machine; and

                                                        (B)      a communication made to a pager.

(2)  "Family" and "household" have the meaning assigned by Chapter 71, Family Code.

(3)  "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

Back to top

---

Related Offenses

Tex. Penal Code 21.15. Improper Photography or Visual Recording. (2007)

(a)  In this section, "promote" has the meaning assigned by Section 43.21.

(b)  A person commits an offense if the person:

(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:

                                                        (A)      without the other person's consent; and

                                                        (B)      with intent to arouse or gratify the sexual desire of any person;

(2)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:

                                                        (A)      without the other person's consent; and

                                                        (B)      with intent to:

(i)     invade the privacy of the other person; or

(ii)   arouse or gratify the sexual desire of any person; or

(3)  knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

(c)  An offense under this section is a state jail felony.

(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e)  For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

Back to top