Stalking is illegal in Texas, and as of 2026 it is punishable as a state jail felony for a first offense and as a third‑degree felony for subsequent offenses, carrying up to two years in state jail and a fine of $10,000, or up to ten years in prison and a $100,000 fine for repeat cases. The law applies whether the conduct is physical, digital, or through an intermediary, and it can be enforced even if the victim does not file a police report, provided the behavior meets the statutory elements of purposeful or knowing harassment.
What Constitutes Stalking Under Texas Law
Texas Penal Code § 30.07 defines stalking as a pattern of conduct that would cause a reasonable person to fear bodily injury or, if the victim is an intimate partner or family member, to feel threatened, harassed, or intimidated. The statute requires at least two separate acts—such as unwanted communication, following, or surveillance—within a 30‑day period, or a single act if it places the victim in immediate danger. Courts have interpreted “pattern” broadly, covering repeated texts, social‑media messages, GPS tracking, and even indirect threats through third parties.
2026 Penalties for Stalking
- First offense (state jail felony): Up to 2 years in state jail, up to $10,000 fine, and loss of firearm rights for five years.
- Second offense (third‑degree felony): Up to 10 years imprisonment, up to $100,000 fine, and a permanent prohibition on firearm ownership.
Judges may also order protective orders, mandatory counseling, and restitution to the victim. Enhanced penalties apply when the victim is a child, an elderly person, or a protected class under Texas hate‑crime statutes.
Defenses and Mitigation
A common defense is lack of intent; the accused must have acted “purposefully” or “knowingly.” Evidence that the conduct was accidental, a single harmless message, or protected speech (e.g., lawful protest) can reduce liability. Mitigation may involve showing remorse, participation in a victim‑offender mediation program, or evidence of mental health treatment, which can lead to a reduced sentence or diversion to a community‑based program.
Reporting and Resources
Victims should contact local law enforcement or the Texas Department of Public Safety’s Crime Stoppers line. If immediate danger exists, dialing 911 is essential. The Texas Attorney General’s Office provides a statewide victim‑rights hotline (1‑800‑788‑9270) and a list of certified domestic‑violence and stalking shelters. Legal aid organizations such as Texas Legal Aid and the Texas Appleseed Center offer free counsel for low‑income individuals.
FAQ 1: Does Texas consider a single threatening text “stalking”?
A single message can satisfy the statute only if it creates an immediate fear of bodily injury. Generally, two or more acts are required unless the act is itself dangerous, such as a credible death threat.
FAQ 2: Can a victim obtain a protective order without filing criminal charges?
Yes. Texas law allows a civil protective order under Chapter 71 of the Family Code, which can be sought independently of criminal prosecution.
FAQ 3: Are online “likes” or follows considered stalking?
Isolated likes are not stalking, but repeated unwanted follows, messages, or the use of tracking software can meet the statutory elements if they cause the victim to feel threatened.
FAQ 4: What happens to a firearm after a stalking conviction?
For a state jail felony, the offender’s right to purchase or possess firearms is suspended for five years; for a third‑degree felony, the prohibition is permanent under Texas Penal Code § 46.04.
FAQ 5: How does prior criminal history affect sentencing?
A prior conviction for stalking or a related violent offense automatically upgrades the charge to a third‑degree felony, resulting in longer prison terms and higher fines.