Tuesday, December 1, 2009

Section 42.072 - Stalking

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 specifically at another person, knowingly engages in conduct, including following the other person, that:
     (1) the actor 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 of the other person's family or household; or
          (C) that an offense will be committed against the other person's property;
     (2) causes the other person or a member of the other person's family or household to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property; and
     (3) would cause a reasonable person to fear:
          (A) bodily injury or death for himself or herself;
          (B) bodily injury or death for a member of the person's family or household; or
          (C) that an offense will be committed against the person's property.
(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 under this section.
(c) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family 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.