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.
To prove this offense, the State must establish each of the following elements: Course of conduct (more than one occasion); On more than one occasion the actor knows or reasonably believes the person regards as threatening; That would cause a reasonable person to fear bodily injury/death/offense involving family or property; Causes the targeted person to feel fear; 3rd degree (1st offense); 2nd degree (with prior).
The base classification is 3rd degree felony (first offense), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Course of conduct (more than one occasion)
- On more than one occasion the actor knows or reasonably believes the person regards as threatening
- That would cause a reasonable person to fear bodily injury/death/offense involving family or property
- Causes the targeted person to feel fear
- 3rd degree (1st offense); 2nd degree (with prior)
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 | Statute |
|---|---|---|
| Prior stalking conviction | 2nd degree felony | §42.072(b) |
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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