Tex. Penal Code § 42.072 · Chapter 42. DISORDERLY CONDUCT AND RELATED OFFENSES
STALKING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm
- Text hash
- sha256 cf8dbc3f95a72b254d4017bcdaa842b6042d716c99301b3a06c8ed1ebb3e5d03
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 30 provisions
Provisions in this library whose text cites Tex. Penal Code § 42.072. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.0585DUTIES OF PEACE OFFICER INVESTIGATING STALKING, HARASSMENT, OR TERRORISTIC THREAT.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 7B.001APPLICATION FOR PROTECTIVE ORDER.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Code Crim. Proc. art. 7B.051REQUEST FOR PROTECTIVE ORDER.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 7B.052REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 17.152DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 17.29ACCUSED LIBERATED.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 17.292MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.Printed as Section 20A.02 or 42.072, Penal Code | Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code
- Tex. Code Crim. Proc. art. 17.46CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 17.50ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES OR STALKING; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 42A.054LIMITATION ON JUDGE-ORDERED COMMUNITY SUPERVISION.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 42A.505COMMUNITY SUPERVISION FOR STALKING OFFENSE; PROHIBITED CONTACT WITH VICTIM.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 56A.0521ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE ORDER OR CONDITION OF BOND.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 58.051DEFINITIONS.Printed as Section 42.072, Penal Code
- Tex. Code Crim. Proc. art. 58.151DEFINITION.Printed as Section 42.072, Penal Code
Government Code
- Tex. Gov't Code § 411.074REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE.Printed as Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code
- Tex. Gov't Code § 411.1355CENTRAL DATABASE OF OFFENDERS WHO HAVE COMMITTED CERTAIN VIOLENT OFFENSES.Printed as Section 25.11 or 42.072, Penal Code
- Tex. Gov't Code § 411.187SUSPENSION OF LICENSE.Printed as Section 42.072, Penal Code
- Tex. Gov't Code § 501.006EMERGENCY ABSENCE.Printed as Section 42.072, Penal Code
- Tex. Gov't Code § 508.190AVOIDING VICTIM OF STALKING OFFENSE.Printed as Section 42.072, Penal Code
- Tex. Gov't Code § 508.223PSYCHOLOGICAL COUNSELING.Printed as Section 42.072, Penal Code
Health and Safety Code
Human Resources Code
Labor Code
Penal Code
- Tex. Penal Code § 12.501PENALTY FOR CERTAIN OFFENSES COMMITTED IN RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS PUBLIC SERVANT.Printed as Section 21.16, 21.18, 21.19, 22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072
- Tex. Penal Code § 25.07VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.Printed as Section 20A.02, 22.011, 22.012, 22.021, or 42.072 | Section 42.072
- Tex. Penal Code § 38.111IMPROPER CONTACT WITH VICTIM.Printed as Section 42.072
- Tex. Penal Code § 76.045TRANSNATIONAL REPRESSION.Printed as Section 42.072
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