Stalking is a criminal offense in Texas that is defined under Penal Code 42.072. Stalking occurs when a person, on more than one occasion and pursuant to the same course of conduct, does things that he or she reasonably believes will put the victim in fear of damage to their property, bodily injury, or death. This is generally a third degree offense, unlike the similar charge of harassment which is generally a misdemeanor.
Stalking charges generally require a course of action that goes beyond phone calls and texts, although those could rise to the level of stalking depending on the content of the communication. The prosecutor, court, and potentially a jury, will look at what the accused’s thoughts were. The mental state requirement for stalking is knowingly.
By working with a Fort Worth stalking lawyer, anyone facing allegations could better understand their legal rights and options. A knowledgeable attorney could also work to build a defense that fits your unique situation.
Sam Houston State University did a study on stalking in Texas and found that over 18% of 700 randomly selected Texas residents said they were victims of stalking. Other interesting facts they published included:
The nature-oriented definition of knowingly is as follows: A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.
Stalking is generally a third degree felony, punishable by 2-10 years in prison. Stalking can be enhanced to a second degree felony with a 20-year cap if the person has been previously convicted of stalking.
Due to these potentially severe punishments, anyone facing charges should consider reaching out to a Fort Worth stalking lawyer for legal assistance.