Sec. 42.072. STALKING. (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 at a specific other person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:
(A) bodily injury or death for the other person; or
(B) that an offense will be committed against:
(i) a member of the other person's family or household;
(ii) an individual with whom the other person has a dating relationship; or
(iii) the other person's property;
(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship:
(A) to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship, or the other person's property; or
(B) to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
(3) would cause a reasonable person under circumstances similar to the circumstances of the other person to:
(A) fear bodily injury or death for the person;
(B) fear that an offense will be committed against a member of the person's family or household or an individual with whom the person has a dating relationship;
(C) fear that an offense will be committed against the person's property; or
(D) feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.
(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 of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.
(d) In this section:
(1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 1, Sec. 1, eff. Jan. 28, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(e), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 591 (S.B. 82), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1278 (H.B. 1606), Sec. 2, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 947 (S.B. 1717), Sec. 2, eff. September 1, 2023.
Notes of Decisions
Cited in
167
cases (
74 in the last 5 years), 1998–2026 · leading case:
Pomier v. State, 326 S.W.3d 373 (Tex. App.—Houston [14th Dist.] 2010).
Pomier v. State, 326 S.W.3d 373 (Tex. App.—Houston [14th Dist.] 2010).
· cites it 9× “Tex. Penal Code Ann. § 42.072 (a) (West 2003).”
Shoemaker v. State ex rel. Prot. of C.L., 493 S.W.3d 710 (Tex. App.—Houston [1st Dist.] 2016).
· cites it 5× “Tex. Penal Code Ann. § 42.072 (West 2008), A person commits stalking if the person engages in conduct that: (1)[he] 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…”
Ploeger v. State, 189 S.W.3d 799 (Tex. App.—Houston [1st Dist.] 2006).
· cites it 8× “The trial court assessed his punishment at 365 days in jail, suspended his sentence, and placed him on probation (community supervision) for 24 months. We determine (1) whether the trial court erred in charging the jury on stalking; (2) whether the evidence was legally…”
Manuel v. State, 357 S.W.3d 66 (Tex. App.—Tyler 2011).
· cites it 5× “See Tex. Penal Code Ann. § 42.072 (a)(1)(A), (2), (3)(A) (Vernon 2011).”
Clements v. State, 19 S.W.3d 442 (Tex. App.—Houston [1st Dist.] 2000).
· cites it 8× “Tex. Penal Code Ann. § 42.072 (Vernon Supp.”
Lewis v. State, 88 S.W.3d 383 (Tex. App.—Fort Worth 2002).
· cites it 6× “See Tex. Penal Code Ann. §§ 42.072 (a)(1)(A), (a)(3)(A).”
Douglas Lee McGowan v. State, 375 S.W.3d 585 (Tex. App.—Houston [14th Dist.] 2012).
· cites it 4× “Tex. Penal Code Ann. § 42.072 (a) (West Supp.”
Werner, Dieter Heinz, 412 S.W.3d 542 (Tex. Crim. App. 2013).
· cites it 3× “See Tex. Penal Code § 42.072(a). 2 . Werner v.”
Avilez v. State, 333 S.W.3d 661 (Tex. App.—Houston [1st Dist.] 2011).
· cites it 2× “Tex. Penal Code Ann. § 42.072 (a)(1). We infer that the issue being discussed by the court and counsel was the extent to which Avilez would be permitted to present evidence about the nature of his continuing contacts or relationship with Amanda so as to rebut the allegation that…”
State v. Seibert, 156 S.W.3d 32 (Tex. App.—Dallas 2004).
· cites it 3× “The indictment, which tracked of the Texas Penal Code § 42.072, alleged in pertinent part that appellee: did .”
Sisk v. State, 74 S.W.3d 893 (Tex. App.—Fort Worth 2002).
· cites it 2× “] Tex. Penal Code Ann. § 42.072 (a)(1)(A). When reviewing the constitutionality of a statute, we presume the statute is valid and that the Legislature has not acted unreasonably or arbitrarily in enacting it.”
State for Prot. of P. B. v. v. T., 575 S.W.3d 921 (Tex. App.—Austin 2019).
· cites it 2× “" Tex. Penal Code § 42.072. The only evidence admitted at the hearing was Detective Coons's testimony, summarized above, and V.”
Tex. Penal Code § 42.072(a): 45 cases
Werner, Dieter Heinz, 412 S.W.3d 542 (Tex. Crim. App. 2013).
“See Tex. Penal Code § 42.072(a). 2 . Werner v.”
Ploeger v. State, 189 S.W.3d 799 (Tex. App.—Houston [1st Dist.] 2006).
“The trial court assessed his punishment at 365 days in jail, suspended his sentence, and placed him on probation (community supervision) for 24 months. We determine (1) whether the trial court erred in charging the jury on stalking; (2) whether the evidence was legally…”
Manuel v. State, 357 S.W.3d 66 (Tex. App.—Tyler 2011).
“See Tex. Penal Code Ann. § 42.072 (a)(1)(A), (2), (3)(A) (Vernon 2011).”
Tex. Penal Code § 42.072(a)(1): 16 cases
Ploeger v. State, 189 S.W.3d 799 (Tex. App.—Houston [1st Dist.] 2006).
“The trial court assessed his punishment at 365 days in jail, suspended his sentence, and placed him on probation (community supervision) for 24 months. We determine (1) whether the trial court erred in charging the jury on stalking; (2) whether the evidence was legally…”
Avilez v. State, 333 S.W.3d 661 (Tex. App.—Houston [1st Dist.] 2011).
“Tex. Penal Code Ann. § 42.072 (a)(1). We infer that the issue being discussed by the court and counsel was the extent to which Avilez would be permitted to present evidence about the nature of his continuing contacts or relationship with Amanda so as to rebut the allegation that…”
State for Prot. of P. B. v. v. T., 575 S.W.3d 921 (Tex. App.—Austin 2019).
“" Tex. Penal Code § 42.072. The only evidence admitted at the hearing was Detective Coons's testimony, summarized above, and V.”
Tex. Penal Code § 42.072(a)(1)(A): 5 cases
Ploeger v. State, 189 S.W.3d 799 (Tex. App.—Houston [1st Dist.] 2006).
“The trial court assessed his punishment at 365 days in jail, suspended his sentence, and placed him on probation (community supervision) for 24 months. We determine (1) whether the trial court erred in charging the jury on stalking; (2) whether the evidence was legally…”
Tex. Penal Code § 42.072(a)(1)(B): 1 case
Tex. Penal Code § 42.072(a)(2): 3 cases
State v. Seibert, 156 S.W.3d 32 (Tex. App.—Dallas 2004).
“The indictment, which tracked of the Texas Penal Code § 42.072, alleged in pertinent part that appellee: did .”
Tex. Penal Code § 42.072(a)(3)(D): 1 case
Tex. Penal Code § 42.072(b): 6 cases
Tex. Penal Code § 42.072(c): 2 cases
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