Tex. Penal Code § 42.072.
Stalking.
(2001)
(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 specifically at another
person, knowingly engages in conduct, including following the other person,
that:
(1)
the
actor knows or reasonably believes the other person will regard as
threatening:
(A)
bodily
injury or death for the other person;
(B)
bodily
injury or death for a member of the other person's family or household;
or
(C)
that an
offense will be committed against the other person's
property;
(2)
causes
the other person or a member of the other person's family or household to be
placed in fear of bodily injury or death or fear that an offense will be
committed against the other person's property; and
(3)
would
cause a reasonable person to fear:
(A)
bodily
injury or death for himself or herself;
(B)
bodily
injury or death for a member of the person's family or household;
or
(C)
(C) that an offense will be
committed against the person's property.
(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 under this section.
(c)
In this
section, "family," "household," and "member of a household" have the meanings
assigned by Chapter 71, Family Code.
Tex. Penal Code § 42.07.
Harassment.
(2001)
(a)
A
person commits an offense if, with intent to harass, annoy, alarm, abuse,
torment, or embarrass another, he:
(1)
initiates communication by
telephone, in writing, or by electronic communication and in the course of the
communication makes a comment, request, suggestion, or proposal that is
obscene;
(2)
threatens, by telephone, in
writing, or by electronic communication, in a manner reasonably likely to alarm
the person receiving the threat, to inflict bodily injury on the person or to
commit a felony against the person, a member of his family or household, or his
property;
(3)
conveys, in a manner reasonably
likely to alarm the person receiving the report, a false report, which is known
by the conveyor to be false, that another person has suffered death or serious
bodily injury;
(4)
causes
the telephone of another to ring repeatedly or makes repeated telephone
communications anonymously or in a manner reasonably likely to harass, annoy,
alarm, abuse, torment, embarrass, or offend another;
(5)
makes a
telephone call and intentionally fails to hang up or disengage the
connection;
(6)
knowingly permits a telephone
under the person's control to be used by another to commit an offense under this
section; or
(7)
sends
repeated electronic communications in a manner reasonably likely to harass,
annoy, alarm, abuse, torment, embarrass, or offend
another.
(b)
In this
section:
(1)
"Electronic communication" means a
transfer of signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic, or photo-optical system. The term
includes:
(A)
a
communication initiated by electronic mail, instant message, network call, or
facsimile machine; and
(B)
a
communication made to a pager.
(2)
"Family" and "household" have the
meaning assigned by Chapter 71, Family Code.
(3)
"Obscene" means containing a
patently offensive description of or a solicitation to commit an ultimate sex
act, including sexual intercourse, masturbation, cunnilingus, fellatio, or
anilingus, or a description of an excretory function.
(c)
An
offense under this section is a Class B misdemeanor, except that the offense is
a Class A misdemeanor if the actor has previously been convicted under this
section.