Houston Stalking Defense Lawyer

What Texas Law Requires for a Stalking Charge

Texas Penal Code § 42.072 defines stalking as conduct occurring on more than one occasion, under the same scheme or course of conduct, and directed at a specific person. The alleged acts must form a connected pattern rather than an isolated disagreement.

The statute covers conduct constituting harassment as well as conduct the accused knew or should have known would be regarded as threatening bodily injury, death, or property damage. For this statute, property can include a pet, companion animal, or assistance animal.

The prosecution must also address the alleged effect of the conduct. The accusation must involve specified fear or distress experienced by the complainant, and the conduct must be the kind that would cause a reasonable person in similar circumstances to experience that response.

How Stalking Differs from Harassment Under Texas Law

Harassment under Texas Penal Code § 42.07 is a separate offense. However, a jury may consider two or more alleged acts of harassment directed toward the same person as a pattern supporting a stalking charge. The distinction can depend on the number of alleged incidents, their relationship to one another, and whether the evidence supports every element of the stalking statute.

Felony Classification & Punishment Ranges

Stalking is generally a third-degree felony under Texas Penal Code § 42.072, carrying a punishment range of two to 10 years in prison. This range is general legal information, not a prediction of the sentence in a particular case.

A prior stalking conviction or a substantially similar qualifying conviction can elevate a later charge to a second-degree felony, which carries a punishment range of two to 20 years in prison. The precise classification depends on the alleged facts and applicable criminal history.

Restrictions & Evidence After a Stalking Accusation

Felony stalking cases in the Houston area proceed through the local criminal justice system and state district courts. Protective orders, bond terms, and no-contact conditions can restrict communication or other conduct while a case is pending. Read every order carefully and follow it while defense counsel reviews the accusation.

Don’t delete, edit, or alter potentially relevant material. Preserve messages, call records, social-media content, photographs, and device data in their existing form. Evidence that appears unimportant in isolation may help establish timing, authorship, context, or the relationship between alleged events.

Defense Issues in a Texas Stalking Case

A stalking defense begins by testing whether the prosecution’s evidence satisfies every statutory element. The analysis can focus on whether the alleged conduct occurred more than once, formed the same scheme or course of conduct, and was directed at a specific person.

The reasonable-person requirement and the claimed impact of the conduct may also be disputed based on the facts. Messages can be incomplete, social-media records can lack context, and witness accounts can conflict. Device data, account information, photographs, and police reports require careful comparison rather than isolated review.

Constitutional issues can arise from how law enforcement obtained evidence or carried out an arrest. The relevant questions depend on the searches performed, the information collected, and the legal authority officers relied upon. We examine these details when preparing a fact-specific defense to a stalking allegation.