No. Texas law defines “Stalking” and “Harassment” as two separate and distinct crimes, with different penalties for a conviction. What these crimes do have in common is that courts take Stalking and Harassment seriously, as both can be a precursor to assault and domestic violence.

Learn more about the difference between Stalking charges and Harassment charges in Texas, the penalties for a conviction, answers to commonly asked questions, and why it’s necessary to contact an attorney if you face allegations.

What Qualifies as “Harassment” in Texas?

Texas Penal Code § 42.07 legally defines Harassment as certain conduct carried out “with intent to harass, annoy, alarm, abuse, torment, or embarrass another.” Some examples of Harassment in Texas include:

• Initiating communication with an individual, and then making an obscene comment
  
• Repeatedly calling, texting, or emailing someone
  
• Social media or blog posts made “in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern”
  
• Tracking someone or their vehicle without their consent, either by physically following them, having someone else follow them, or via a tracking device
  
• Threatening to physically harm or commit a felony against a person, a member of their family or household, or their property, “in a manner reasonably likely to alarm the person receiving the threat” 

Harassment is a Class B misdemeanor in Texas. Certain factors can make Harassment a Class A misdemeanor, including prior convictions and if the alleged victim was under 18 years of age.

What Is Considered “Stalking” in Texas?

Texas Penal Code § 42.072 defines Stalking as specific conduct that occurs “on more than one occasion and pursuant to the same scheme or course of conduct that is directed at a specific other person,” including acts of Harassment. The statute’s wording is problematic, creating a very fine line between Harassment and Stalking.

Stalking allegations are often made by former lovers or ex-spouses. Oftentimes, the parties have long relationships that have been rocky for many years, and simple behavior — for example, going to one’s work site to talk about the relationship when the other person no longer desires a relationship — can be charged as Stalking if the behavior continues.  

Stalking is a third degree felony in Texas. Those with certain prior convictions may face enhanced penalties as a second degree felony.

Stalking Charges and Harassment Charges: FAQs

Below are answers to frequently asked questions about Stalking charges and Harassment charges in Texas. This information is meant to be a general overview of the law. An attorney can give you information specific to your case. 

What is the difference between Stalking and Harassment in Texas?

There is often a fine line between conduct that constitutes “Stalking” and conduct that constitutes “Harassment.” Simply put, Stalking is a pattern of actions or behaviors that occurred “on more than one occasion.” Sometimes, conduct that could be interpreted as simple Harassment gets filed as a felony Stalking case.  

Another key difference is that in Texas, Harassment is a misdemeanor while Stalking is a felony.

Can a minor be charged with Stalking or Harassment in Texas?

A minor’s age at the time of the alleged offense determines how the case is handled.

• Minors who are 17 years old at the time of the alleged Stalking or Harassment may be tried as adults.

• Minors who are “at least 10 years old but not yet 17” at the time of the alleged offense will typically have their case tried in the Texas Juvenile Justice System. 

Can you go to jail for Harassment on social media in Texas?

That depends on the outcome of your case and whether you are criminally charged with Harassment or Stalking. Informally, many people use the words “Harassment” and “Stalking” interchangeably, but Texas does have separate definitions and penalties for these crimes. An attorney can explain possible case outcomes after reviewing the details of your specific situation.

Defenses to Harassment Charges and Stalking Charges 

There are possible defenses to Harassment and Stalking in Texas, including:

The alleged Harassment or Stalking never occurred. Someone fabricated the allegations in an attempt to ruin your personal or professional reputation. Many times accusations are made by an ex-lover, ex-spouse, disgruntled love affairs, and/or former employer. In many cases, the accuser desires to have another placed in jail for absolutely no reason and attempts to utilize the judicial system as a tool of oppression.  

The actions lacked criminal intent. For example, you made multiple attempts to contact someone for a valid reason, not “with intent to harass, annoy, alarm, abuse, torment, or embarrass” them.

There is a lack of evidence. In criminal cases like Harassment or Stalking, the burden is on the prosecution to prove beyond a reasonable doubt that you committed the crime. Many Stalking cases can be dismissed because of a lack of evidence. Often, there is no evidence except, “he said / she said.”  

However, these cases carry a very serious punishment range and can lead to a possible lifetime protective order, which could have serious implications on a person’s future work life and also prohibit a person from owning a firearm. Therefore, it is crucial  to retain an experienced attorney when fighting a charge of Stalking and/or Harassment.  

Before you hire a Plano Stalking Defense Attorney: 2 Questions to Ask

Most criminal defense law firms offer a free consultation. This is your opportunity to ask questions about an attorney’s experience and see if you feel confident hiring them to represent you. Consider asking these two questions during your consultation:

How often do you represent clients facing Stalking, Harassment, or other related charges? 

Many law firms advertise that they take on these cases, but how many clients have they actually represented? Stalking and Harassment are serious charges, and you may face enhanced penalties if you have a prior record. When faced with the possibility of monetary fines and/or a prison sentence, you need an experienced attorney. 

What were the outcomes of these and other tough cases, like domestic violence and sex crimes?

Case outcomes are a matter of public record. An attorney should be more than happy to sit down with you and go over how similar cases were resolved. 

Some attorneys are all too quick to recommend accepting a plea bargain because they are intimidated by the prosecution, inexperienced, or just plain lazy. You want someone who has a track record of pursuing the best possible outcome for their clients, not a “plea bargain” attorney. 

You want to hire an attorney who has a track record of dismissals, reduced charges, and not guilty verdicts.

Contact a Plano Harassment and Stalking Defense Attorney Today

Attorney Kent Starr is an experienced and dedicated criminal defense attorney — exactly what you need when facing these tough criminal charges in Texas. He’s a tireless advocate for his clients. Just take a look at his client reviews to see how, again and again, he achieves the best possible outcome for his clients. 

Mr. Starr is also a bail bonds attorney. If you’ve been arrested for Stalking or Harassment, he can negotiate the terms of your release and start your legal representation. Contact Starr Law, P.C., today.

References

Texas Juvenile Justice Department

Texas Penal Code Chapter 42. Disorderly Conduct And Related Offenses