If you or a loved one was arrested or investigated for stalking in Texas, you’re staring down a serious felony with life-changing consequences—especially in Harris County. This guide explains, in plain English, what Texas calls “stalking,” the range of punishment, typical bond conditions (like a GPS ankle monitor, curfews, and strict no-contact rules), how prosecutors use protective orders, and the defense paths that can win dismissals, reductions, or other resolutions—even when the facts look bad at first. You’ll also learn why retaining Attorney Eric Benavides, an experienced Houston criminal defense lawyer, can make a decisive difference in the outcome of your case.
Key Takeaways
- Charge: Stalking is a felony in Texas—third-degree by default; second-degree with priors. Texas Statutes
- Punishment: 2–10 years (third-degree) or 2–20 (second-degree), plus fines. Texas Statutes
- Early risks: Protective orders and tight bond conditions (GPS, curfew, no contact, no weapons, no alcohol/drugs). Texas.Public.LawTexas Statutes
- Defenses: Attack repetition, course of conduct, knowledge/intent, reasonable-person standard, and digital attribution; pursue suppression where warranted. Texas Statutes
- Resolutions: Pretrial intervention, deferred adjudication, reductions, or outright dismissal—depending on facts and policy.
- Next step: Call a Houston stalking defense lawyer—Eric Benavides—for a tailored defense strategy.
What Is “Stalking” Under Texas Law?
Texas makes stalking a felony when someone, on more than one occasion, knowingly engages in a course of conduct directed at a specific person that (a) the person knows or should know will be regarded as threatening or harassing, (b) actually causes fear or distress to the other person (or certain close relations), and (c) would cause a reasonable person in those circumstances to feel the same fear or distress. The statute lists examples that include threats of bodily injury or death, threats against family or property, and conduct that causes a person to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended. Texas Penal Code § 42.072 also makes clear the acts must occur more than once and can include different types of conduct so long as they’re part of the same overall scheme. Texas Statutes
Felony Level
- Default level: Third-degree felony.
- Enhanced level: Second-degree felony if the accused has a prior stalking conviction (including substantially similar laws from other jurisdictions). Texas Statutes
Penalties and the Range of Punishment
Under Texas’ general punishment scheme:
- Third-degree felony: 2 to 10 years in prison and up to a $10,000 fine. Texas Statutes
- Second-degree felony (enhanced): 2 to 20 years in prison and up to a $10,000 fine. Texas Statutes
Keep in mind that other enhancement statutes can apply based on criminal history, potentially raising the punishment range even further. Texas Statutes
Immediate Fallout: Bond, Jail Release & Common Conditions
If you’re arrested for stalking in Harris County, your first court appearance focuses on bond and release conditions designed to protect the community and the complainant. Texas courts have broad authority to impose any reasonable bond conditions related to victim or community safety, which is why stalking cases often come with strict, intrusive rules. Texas StatutesFindlaw
Typical stalking-case bond conditions include:
- GPS ankle monitor / electronic monitoring
- Curfew (often nighttime)
- No contact with the complainant (direct, indirect, via third parties, social media, or electronic means)
- Stay-away zones (home, workplace, school, etc.)
- No firearms, weapons, or ammunition
- No alcohol, no illegal drugs, and random testing
- No tracking devices or monitoring apps
Courts derive this broad authority from Texas Code of Criminal Procedure Art. 17.40, and prosecutors routinely propose detailed condition checklists in stalking and family-violence-adjacent cases. Texas.Public.LawTexas DCAA
Harris County Pretrial Services may be tasked with monitoring you for compliance and reporting back to the court, which is why intake interviews, check-ins, and electronic monitoring compliance matter from day one. pretrial.harriscountytx.gov+1
Expect a Protective Order (Sometimes Even Before You Bond Out)
Prosecutors in stalking cases nearly always seek a protective order. In Texas, Chapter 7B of the Code of Criminal Procedure authorizes protective orders for victims of stalking, among other offenses. After an arrest for stalking, a magistrate may also issue a Magistrate’s Order for Emergency Protection (MOEP)—sometimes immediately—on the judge’s own motion or at the request of the victim, law enforcement, or the District Attorney. Violating the order is a separate criminal offense and can get you re-arrested, even if you’re otherwise following bond conditions. Texas Statutes+1Texas.Public.LawFindlaw
Core Elements Prosecutors Must Prove (and Where Defenses Live)
Understanding the statute’s moving parts is key to building a smart defense:
- “On more than one occasion” — Stalking isn’t a one-off. The State must prove repeated conduct. Challenging the timeline or whether acts are truly separate “occasions” can defeat the charge. Texas Statutes
- “Same scheme or course of conduct” — Different acts can count if they’re part of a single plan. Your lawyer may argue the State is lumping unrelated events together that don’t legally connect. Texas Statutes
- Knowledge/intent — The accused must know the conduct would be regarded as threatening or harassing, or at least should know. Innocent or ambiguous contact—especially common with co-parenting, workplace, or shared-property disputes—can undermine this element. Texas Statutes
- Actual impact on the complainant — The State must prove the conduct caused fear or distress to the complainant (or certain relations). Uneven, delayed, or inconsistent reporting can poke holes in this claim. Texas Statutes
- Reasonable person standard — The conduct must also be such that a reasonable person in the complainant’s shoes would feel the same way. Over-broad interpretations of social-media posts, location pings, or purely lawful, constitutionally protected communications often fail this objective test. Texas Statutes
Practical Defense Themes That Work
- First Amendment / lawful communications: Not all unwelcome speech is criminal. Context matters.
- Insufficient repetition: If the State can’t show more than one qualifying act, the charge fails. Texas Statutes
- Spoofing & digital misattribution: Texts, emails, and DMs can be faked or sent from compromised accounts. Rigorous forensics matter.
- No “course of conduct”: Messages or events spread out over time without a cohesive plan may not qualify. Texas Statutes
- Reasonableness gap: Conduct that may be annoying (even offensive) still may not meet the reasonable-person fear threshold. Texas Statutes
- Identity mistakes: Shared devices, mixed addresses, car title issues, and location-sharing artifacts often create false positives.
- Suppression & exclusion: Illegally obtained digital evidence, hearsay-heavy affidavits, or chain-of-custody errors can be thrown out—sometimes gutting the case.
Consequences Beyond Prison: Collateral Damage You Need to Know
A stalking charge can trigger employment issues, professional licensure problems, housing denials, and severe immigration consequences. Courts may impose no-contact through the case’s end, which complicates co-parenting and property logistics. Violating bond conditions or a protective order can stack new charges and jeopardize release. (Texas law explicitly empowers judges to set stringent safety-based conditions and issue emergency protective orders in stalking cases.) Texas StatutesTexas.Public.Law
Can a Stalking Case Be Dismissed Even If You Think You’re “Guilty”?
Short answer: Yes—sometimes. In Houston and Harris County, outcome engineering hinges on early strategy, negotiation, and the precise fact pattern. Several pathways:
- Pretrial Diversion (PTI) / Pretrial Intervention
In appropriate cases (more common for first-time offenders and when the conduct is on the low end of the spectrum), the Harris County DA may consider pretrial intervention, a contract-based diversion that pauses prosecution while you complete conditions (counseling, no contact, community service, monitoring). Completion can lead to a dismissal and potentially expunction eligibility in some scenarios. Programs vary by offense and policy—and PTI is not automatic—but it’s a tool your lawyer should actively explore. - Deferred Adjudication
You plead (usually no contest or guilty), the judge defers a finding of guilt and places you on community supervision. If you complete it, there’s no conviction, and you may pursue an order of nondisclosure later (with exceptions). But note: immigration and collateral settings may still treat it harshly, and violating terms can result in a full conviction within the original felony range. - Charge Reduction
Sometimes the DA will accept a plea to a lesser offense when the stalking elements are shaky (e.g., harassment or a misdemeanor), or where mitigation is compelling. The “two or more occasions” and reasonable person requirements are frequent leverage points. Texas Statutes - Evidentiary Suppression
If critical digital evidence (account data, geolocation, device extractions) was obtained without proper legal process or has chain-of-custody problems, a suppression win can collapse the State’s case. - Compliance-based Negotiation
Early compliance (voluntary counseling, verified no-contact, device audits) can help your lawyer negotiate for dismissals or non-conviction outcomes.
Important: Eligibility and availability for PTI or deferred adjudication in stalking cases are highly fact-specific and policy-dependent; not all prosecutors will agree, and felony PTI can be difficult to secure. You need a Houston defense lawyer who knows the local prosecutors, courts, and options and can present mitigation credibly.
The DA’s Playbook in Stalking Cases (What to Expect)
- Aggressive Protective Orders: Expect MOEPs and motions for broader 7B protective orders that restrict contact, proximity, and even online mentions. Texas StatutesTexas.Public.Law
- Strict Bond Conditions: The State will push for GPS monitoring, curfews, no weapons, no alcohol/drugs, and tech-related restrictions (no tracking apps, no fake accounts), citing Art. 17.40’s broad safety mandate. Texas StatutesFindlaw
- Digital Deep-Dive: Prosecutors pull phone records, location histories, social-media data, vehicle trackers, and third-party app logs.
- Victim-Impact Focus: Expect emphasis on the complainant’s fear, therapy needs, and daily-life disruptions—core elements the statute requires the State to prove. Texas Statutes
How a Houston Stalking Defense Lawyer Fights—and Wins
Attorney Eric Benavides is a Houston criminal defense attorney who defends people accused of stalking across Harris County and surrounding counties. Here’s how a tailored defense unfolds:
- Rapid Containment
- Get you bonded out and negotiate the least-restrictive conditions possible.
- Coordinate with Pretrial Services so monitoring and check-ins don’t derail your job or school. pretrial.harriscountytx.gov
- Protective-Order Strategy
- Fight overbroad terms, propose balanced alternatives, and ensure you don’t accidentally violate a no-contact clause. Texas Statutes
- Digital Forensics & Timeline Reconstruction
- Subpoena service providers for IP logs, device IDs, and geolocation data.
- Identify spoofing, shared-account anomalies, and gaps that undermine “same scheme or course of conduct.” Texas Statutes
- Element-by-Element Pressure
- Test “more than one occasion,” knowledge/intent, and the reasonable-person standard with context (co-parenting, property retrievals, workplace overlaps). Texas Statutes
- Mitigation & Negotiation
- Present counseling proof, device safeguards, and compliance summaries to position you for dismissal, PTI, deferred, or a reduction—whichever fits your goals and risks.
- Trial-Ready Posture
- File motions to suppress, craft targeted cross-examinations, and line up expert testimony (digital forensics, psychology) so the State sees you’re ready to win in court.
FAQs: Texas Stalking Cases in Harris County
Is stalking always a felony in Texas?
Yes. It’s a third-degree felony by default; it becomes a second-degree felony if you have a prior stalking conviction. Texas Statutes
What’s the possible prison time?
Third-degree: 2–10 years; second-degree: 2–20 years, plus up to $10,000 in fines. Texas Statutes
Will I get a protective order against me?
Very likely. Courts can issue emergency protective orders immediately after arrest for stalking and later enter longer 7B protective orders. Violations are separate crimes. Texas.Public.LawTexas Statutes
What bond conditions should I expect?
Common terms: GPS ankle monitor, curfew, no contact, stay-away zones, no weapons or ammo, no alcohol or drugs, and strict technology limits. Courts have broad authority to impose safety-driven conditions. Texas StatutesFindlaw
Can my case be dismissed?
Potentially—through PTI, deferred adjudication (no conviction if completed), charge reductions, or evidentiary suppression. Eligibility is case-specific; a local defense lawyer can assess realistic options.
Action Steps If You’ve Been Accused of Stalking in Houston
- Do not contact the complainant—at all. Even an apology can violate no-contact or a protective order. Texas.Public.Law
- Preserve evidence: Save texts, emails, call logs, location settings, rideshare receipts, and app permissions.
- Audit your tech: Remove tracking apps, turn off location sharing, secure your accounts, and list anyone with device access.
- Hire counsel fast: Early moves can shape bond terms, protective orders, and set you up for diversion or dismissal.
Why Hire Attorney Eric Benavides for a Stalking Charge?
When you’re accused of stalking, every step—bond, protective orders, digital evidence, negotiations—is a minefield. Attorney Eric Benavides has extensive experience defending stalking and harassment-related cases in Harris County. He knows the local courts, pretrial practices, and DA policies, and he builds forensic-grade defenses that challenge timelines, devices, and the “reasonable person” narrative.
- Local insight: How specific Harris County courts deal with GPS conditions, curfews, and tech restrictions—and what it takes to modify them. pretrial.harriscountytx.gov
- Proactive mitigation: Counseling, compliance, and digital-hygiene measures that resonate with Houston prosecutors when arguing for diversion or dismissal.
- Trial readiness: Motion practice and cross-examination grounded in the strict elements of Texas Penal Code § 42.072. Texas Statutes
Bottom line: If you’re searching for a Harris County stalking lawyer or a criminal lawyer in Houston, get Eric Benavides on your side quickly to protect your rights, your record, and your future.
Protect Your Rights with a Proven Houston Criminal Defense Lawyer
Accused of stalking in Houston or Harris County? Call Attorney Eric Benavides today. The earlier we start, the more options we can engineer—whether that’s fighting the elements, negotiating pretrial intervention, minimizing bond restrictions, or positioning for a dismissal.