Stalking

Texas has a stalking law, Chapter 85 of the Civil Practice and Remedies Code. Under this law, a person is liable for damages for stalking an individual as defined by that law. A person proves stalking by showing:

• on more than one occasion the "stalker" engaged in harassing behavior;


• as a result of the harassing behavior, the person being stalked reasonably feared for his/her safety or the safety of a member of his/her family; and


• the "stalker" violated a restraining order prohibiting harassing behavior or


• the "stalker" threatened bodily injury,


• the "stalker" has the apparent ability to carry out the threat,


• the person stalked reasonably fears for his/her safety or the safety of a family member,


• the person stalked at least once clearly demanded that the defendant stop the defendant's harassing behavior,


• after the demand to stop by the claimant, the "stalker" continued the harassing behavior, or


• the harassing behavior had been reported to the police as a stalking offense

If found guilty, the stalker must pay actual damages as well as exemplary damages.

Cyberstalking, as it is sometimes called, has so far fallen under state stalking laws such as this one.