What Qualifies as Stalking Under Texas Law?

 Posted on August 13, 2025 in Criminal Defense

Stalking is a complex crime. Texas law offers a general definition for it, but every case has unique circumstances. If you are facing stalking charges, you should consult with an experienced Midland, TX stalking defense attorney to understand your legal rights and options for fighting the accusations against you.

What Does Texas Law Say About Stalking?

Texas law, under Texas Penal Code Section 42.072, states that stalking occurs when someone knowingly or intentionally engages in repeated behavior aimed at another person that makes them fear for their safety. The law defines this behavior as a "pattern of conduct" that includes actions such as following them, sending them unwanted communication, or showing up at their home or workplace uninvited.

For stalking allegations against you to be considered valid, you must have been aware, or reasonably should have been aware, that your behavior was causing the victim to feel threatened. The law makes it clear that stalking is a serious crime, classified as a third-degree felony that can result in severe legal consequences.

Is Cyberstalking Different From Stalking in Texas?

Under Texas Penal Code Section 33.07, cyberstalking is illegal and is treated similarly to traditional stalking. Sending threatening emails, posting harmful messages on social media, or sharing personal information without consent all constitute cyberstalking, and alleged victims are afforded the same legal protections as victims of physical stalking. The key difference is that cyberstalking occurs through digital devices, making it harder to track and prevent.

What Are the Penalties for Stalking in Texas?

Texas law treats stalking seriously due to the potential for lasting harm to the victim. A stalking conviction in Texas carries severe penalties. You may face up to 10 years in prison and fines as high as $10,000. The severity of the punishment depends on certain factors. For example, if you have a history of stalking offenses, the charge may be upgraded to a second-degree felony, resulting in harsher penalties. Keep in mind that a conviction can result in criminal penalties, but you may also face civil lawsuits unrelated to criminal court. In civil court, the victim may seek compensation for emotional distress.

Potential Defenses for Stalking in Texas

Your attorney will assess the details of your case to determine the most effective defense strategy for you. However, some common defenses for stalking include:

• False allegations: You may argue that the accusations are false or based on misunderstandings. The prosecution needs clear evidence of a pattern of stalking behavior, and challenging that evidence can weaken their case.

• Lack of intent: If you did not intend to cause fear or harm, this could undermine the charges.

• Freedom of speech: You may be able to claim that your actions, such as repeated messages or social media posts, were protected by the First Amendment. However, this defense can be challenging when the behavior crosses into harassment or threats, as noted in Texas Penal Code Section 33.07.

• Consent: In rare cases, you may argue that the victim invited or agreed to the behavior. This defense depends heavily on the specifics of the case.

Contact an Austin, TX Stalking Defense Attorney Today

If you are facing stalking charges in Texas, you need experienced legal representation. The Midland, TX stalking defense lawyers at Morales Law Office, Attorneys at Law, PLLC. have more than 50 years of combined legal experience and are dedicated to protecting your rights. We understand the seriousness of stalking charges and will work tirelessly to build your defense. As a former Ambassador with the Greater Austin Hispanic Chamber of Commerce, Attorney Novert A. Morales is deeply connected to the Hispanic community in the area. Our firm also offers services in Spanish to ensure all clients are fully supported.