The Long-Term Consequences of a Texas Stalking Conviction

 Posted on July 22, 2025 in Violent Crimes

A 23-year-old man is being sought by SMU police for making online threats against the University. The man has eight prior stalking convictions and a history of harassing female SMU students. His current whereabouts are unknown, and the police declined to comment on the type of threats he made against the University.

A stalking conviction in Texas extends far beyond jail time and fines, although those are certainly serious considerations. A stalking conviction can follow you for years, affecting everything from your ability to obtain employment to where you can live or whether you can obtain a professional license or a federal student loan for college. Stalking is a serious criminal offense under Texas Penal Code Section 42.072, and even first-time offenders can suffer harsh penalties.  

A stalking conviction in Texas can leave a lasting mark on your future, your freedom, and your reputation. It is important that you take immediate action by speaking to an experienced Hood County, TX criminal defense lawyer who can help you understand your legal options while fighting for the best possible outcome on your behalf.

What is Stalking?

Under Texas law, it is illegal for a person to engage in a pattern of repeated behavior directed at a specific person that could reasonably cause that person to feel fear. Stalkers sometimes make threats that include injuring the targeted person as well as his or her family members or friends.

Stalkers typically attempt to control the targeted person through behaviors meant to intimidate or terrify. A stalker may follow the targeted person or engage in other repeated behaviors that can indicate either obsessive "love" or obsessive hatred.

Anyone can be the victim of stalking, and while most stalking victims are stalked by someone they know, this is not always the case. Stalkers often engage in one or more of the following behaviors:

• Repeatedly follows the targeted person or that person’s family members or new romantic interests.
• Uses GPS to track the targeted person without his or her knowledge.
• Inflicts damage to the targeted person’s car, home, pet, or other property.
• Sends unwanted gifts.
• Watches the targeted person from a distance.
• Continues to make repeated phone calls or send repeated texts, emails, or social media messages after being asked to stop.
• Drives by or parks near the targeted person’s home, office, school, or other frequently visited place.
• Makes overt or more veiled threats against the targeted person.

What Are the Criminal Penalties for a Stalking Conviction in Texas?

Stalking is usually charged as a third-degree felony. The penalties for stalking will depend on the severity of the offense, whether aggravating factors are present, and the alleged victim’s age. A person convicted of stalking charges could spend from two to 10 years in prison.

A second or subsequent conviction for stalking may be elevated to a second-degree felony, potentially leading to between two and 20 years in prison. Victims of stalking may also obtain a protective order that keeps the alleged stalker from contacting or coming near them. A protective order and/or a stalking conviction can have serious repercussions on employment, child custody, and housing.

What Are Some Common Defenses to Stalking?

Every situation is different, and a criminal defense attorney will build a defense based on the specific facts and circumstances of the individual case. That said, some of the more common defenses to stalking include:

• There is a lack of sufficient evidence to prove that the defendant knowingly committed stalking with the intent to harass, threaten, or intimidate.
• The victim mistakenly identified the wrong person, or the allegations are intentionally false.
• The victim’s "fear" is not reasonable under the circumstances.
• The alleged victim consented to the behavior.

Contact a Hood County, TX Criminal Defense Lawyer

If you are facing charges for stalking, it is important to speak to a knowledgeable Hood County, TX criminal defense attorney from The Law Offices of Rob Christian as quickly as possible. Attorney Christian is available 24/7 and has excellent relationships with the Hood County courts. Call 682-936-4003 to schedule your free consultation.