Is Stalking a Felony in Texas? Charges, Penalties, and Consequences

Stalking is a felony in Texas every time it is charged. A first offense is a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000. If the accused has a prior stalking conviction, the charge rises to a second-degree felony carrying two to twenty years and the same $10,000 maximum fine. There is no misdemeanor version of the offense.

What Counts as Stalking Under Texas Law

Texas Penal Code Section 42.072 requires three things for a stalking conviction. The accused must have acted more than once as part of the same pattern of behavior directed at a specific person. A single threatening text or one unwanted visit is not enough on its own. The conduct has to repeat.¹

The behavior must actually cause the targeted person, a family or household member, or someone the person is dating to fear bodily injury, death, or harm to property. The statute includes pets, companion animals, and service animals in its definition of property, so threatening someone’s dog counts. A reasonable person in the same situation must also feel that fear, which prevents a conviction based solely on unusually heightened sensitivity. The conduct can also qualify if it would cause a reasonable person to feel harassed, intimidated, or tormented, even without a fear of physical harm.¹

The accused must have known, or reasonably should have known, that the targeted person would view the conduct as threatening. Prosecutors do not have to prove an intent to terrify. Courts can combine different types of conduct to establish the pattern, so showing up at someone’s gym and later flooding their phone with messages count as the same course of conduct even though they are different behaviors.¹

Third-Degree Felony Penalties for a First Offense

A first stalking offense is a third-degree felony. No prior criminal history is required. This baseline classification applies even if the accused has never been arrested before.¹

A conviction carries a prison sentence of two to ten years in the Texas Department of Criminal Justice and a fine of up to $10,000.² Under current law, a judge may grant community supervision (probation) for a third-degree stalking conviction, so not every conviction results in prison time.

Second-Degree Felony Penalties for Repeat Offenders

Stalking escalates to a second-degree felony when the accused has a prior stalking conviction. The earlier conviction does not have to come from Texas. A prior conviction under the laws of another state, a federally recognized Indian tribe, a U.S. territory, or federal law will trigger the enhancement as long as the other jurisdiction’s offense contains substantially similar elements.¹

A second-degree felony conviction raises the prison range to two to twenty years, with the same maximum fine of $10,000.³ Prosecutors routinely check national criminal databases for out-of-state records, so relocating to Texas after a stalking conviction elsewhere does not reset the clock.

Consequences That Follow a Stalking Conviction

The prison sentence and fine are only the start. A felony stalking conviction triggers long-term consequences that reach well past the courthouse.

Firearm Prohibition

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition. Because both third-degree and second-degree felony stalking in Texas carry minimum sentences of two years, a conviction permanently bars you from legally owning or possessing a gun anywhere in the country.⁴

Voting and Jury Service

A final felony conviction makes you ineligible to register to vote in Texas. Voting rights are automatically restored once you complete your entire sentence, including any prison time, parole, and probation. Jury service works differently. A felony conviction permanently disqualifies you from serving on a jury, and that right does not automatically come back. Regaining jury eligibility would require a pardon or judicial release from the conviction’s disabilities.⁵

Employment and Professional Licensing

A felony record creates immediate barriers in the job market. Most employers run background checks, and a stalking felony raises red flags in almost any industry. Professions that require state licensing face additional scrutiny. Fields like healthcare, law, accounting, real estate, education, and insurance commonly deny or revoke licenses based on felony convictions. A crime involving threats or fear of bodily harm is among the hardest to overcome in a licensing review.

How Stalking Differs From Harassment

People often confuse stalking with harassment because the stalking statute directly references the harassment statute, Section 42.07. The key difference is severity. Harassment in Texas is a Class B misdemeanor for a first offense, punishable by up to 180 days in county jail. Stalking is a felony from the start.

The practical distinction comes down to the pattern and the level of fear. Harassment covers individual acts like making obscene phone calls, sending repeated threatening electronic messages, or publishing tormenting social media posts. When those acts become part of a repeated pattern directed at the same person and cause a reasonable fear of bodily injury or death, the conduct crosses into felony stalking. A single round of harassing texts is a misdemeanor. The same texts sent repeatedly over weeks as part of a campaign to intimidate someone can support a felony stalking charge.¹

Online Messages and Tracking Count

Texas does not have a separate cyberstalking statute. The stalking law reaches electronic conduct through its connection to the harassment statute. Section 42.07 covers sending repeated electronic communications likely to harass or torment someone and publishing repeated tormenting posts on social media or websites. The definition of electronic communication is broad and includes emails, text messages, social media messages, posts on internet platforms, calls from app-generated phone numbers, and any data transmitted by wire or radio signal.

Section 42.07 also makes it an offense to track or monitor someone’s personal property or vehicle without consent, whether through tracking apps on a phone or GPS devices placed on a car. When any of these electronic behaviors form part of the repeated pattern required for stalking, the person faces the same felony charge as someone who physically follows a victim.¹

A common assumption is that sending messages or checking someone’s location through an app cannot rise to a felony. That assumption is wrong. Digital conduct carries the same weight as physically following someone, and digital evidence is often easier for prosecutors to prove because it leaves a permanent record.

When Federal Charges Also Apply

Stalking that crosses state lines or uses interstate communication tools can also be prosecuted as a federal crime under 18 U.S.C. Section 2261A. Federal jurisdiction applies when the stalker travels across state lines with the intent to harass or intimidate, or uses the mail, internet, or any other interstate communication service as part of a course of conduct that places the victim in reasonable fear of death or serious bodily injury.⁶

Federal stalking is also a felony, carrying up to five years in federal prison. Because the internet is inherently interstate, sending threatening emails or social media messages to someone in another state can trigger federal prosecution even if the accused never physically leaves Texas. A person could face both state and federal charges for the same course of conduct, since the two jurisdictions protect different interests. The federal statute also covers threats against the victim’s immediate family, spouse, intimate partner, and even pets or service animals.⁶

1
State of Texas. Texas Penal Code Section 42.072 – Stalking
2
State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
3
State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Texas Secretary of State. Effect of Felony Conviction on Voter Registration
6
Office of the Law Revision Counsel. 18 USC 2261A – Stalking