Cyberstalking in Texas is a third-degree felony under Penal Code Section 42.072, punishable by two to ten years in prison and a fine up to $10,000 when someone repeatedly uses electronic communications to threaten or terrorize another person. Related digital conduct, including electronic harassment, online impersonation, and covert GPS tracking, is criminalized under separate statutes with their own penalties. Victims can also apply for a protective order and sue the stalker for damages.
What Counts as Cyberstalking Under Section 42.072
Section 42.072 is the primary statute prosecutors use. It requires three elements working together: a pattern of conduct that happens more than once as part of the same course of action, directed at a specific person, where the behavior would cause a reasonable person in similar circumstances to feel afraid.1State of Texas. Texas Penal Code 42.072 – Stalking
The statute covers two broad categories of harmful conduct. The first involves threats: the person either commits harassment under Section 42.07 or does something they know (or should know) the target will interpret as threatening bodily injury, death, or a crime against the target’s family, household members, dating partner, or property. The second focuses on the victim’s reaction: the conduct actually causes the target or their loved ones to fear harm or to feel harassed, intimidated, or tormented.1State of Texas. Texas Penal Code 42.072 – Stalking
The “reasonable person” standard shapes many cases. Prosecutors don’t have to prove the victim was uniquely sensitive; they need to show that someone in similar circumstances would also have felt afraid or distressed. Juries weigh the frequency, escalation, and content of the digital contact. A single angry message usually won’t meet the threshold. A pattern of threatening direct messages across platforms over several weeks likely will.
The statute also specifically includes pets, service animals, emotional support animals, and horses in its definition of protected “property.”1State of Texas. Texas Penal Code 42.072 – Stalking Threatening someone’s dog to intimidate them falls squarely within the law.
Related Digital Crimes Prosecutors Often Add
Cyberstalking rarely comes as a single charge. Several related statutes address specific tactics, and a prosecutor may stack them or choose whichever fits the evidence best.
Electronic Harassment (Section 42.07)
Section 42.07 addresses unwanted digital contact meant to annoy, alarm, abuse, torment, or embarrass another person, without requiring fear of bodily harm.2State of Texas. Texas Penal Code Section 42.07 – Harassment It covers repeated electronic communications, repeated social media posts reasonably likely to cause emotional distress (unless the posts involve a matter of public concern), the use of tracking apps or devices without consent, and obscene or threatening messages sent from disposable numbers provided by internet apps.
“Electronic communication” is defined broadly to include email, text messages, instant messages, social media platforms, internet-based communication tools, and any data transmitted through a wire, radio, or electromagnetic system.2State of Texas. Texas Penal Code Section 42.07 – Harassment The statutes overlap: Section 42.072 references Section 42.07 as one type of conduct that can form the basis of a stalking charge when done repeatedly as part of a pattern.
Online Impersonation (Section 33.07)
Creating a fake social media profile in another person’s name, or posting messages through such a site, without their consent and with intent to harm, defraud, intimidate, or threaten anyone is a third-degree felony. Sending emails, texts, or instant messages using another person’s identifying information to make the recipient believe that person sent the message is a Class A misdemeanor, jumping to a third-degree felony if the intent is to trigger a response from emergency personnel.3State of Texas. Texas Penal Code Section 33.07 – Online Impersonation
Unlawful Tracking (Section 16.06 and Section 42.07)
Secretly installing a GPS tracker on someone’s vehicle is a Class A misdemeanor under Section 16.06. The statute defines a tracking device as anything capable of emitting a signal that can identify, monitor, or record a person’s location. Limited defenses exist for consent from the vehicle’s owner, assistance to a peace officer conducting a criminal investigation, or a licensed private investigator acting with the owner’s written consent.4State of Texas. Texas Penal Code 16.06 – Unlawful Installation of Tracking Device Section 42.07 extends this to phones: using a tracking application on someone’s personal electronic device without consent also qualifies as criminal harassment.2State of Texas. Texas Penal Code Section 42.07 – Harassment
Criminal Penalties
The penalties vary based on the offense charged and the person’s history.
A first stalking offense is a third-degree felony, carrying two to ten years in prison and a fine up to $10,000.5State of Texas. Texas Penal Code 12.34 – Third Degree Felony With a prior stalking conviction, the charge becomes a second-degree felony, raising the prison range to two to twenty years while the maximum fine stays at $10,000.6State of Texas. Texas Penal Code 12.33 – Second Degree Felony Prior convictions from other states, federal courts, or tribal jurisdictions with substantially similar elements also trigger the enhancement.1State of Texas. Texas Penal Code 42.072 – Stalking
Electronic harassment is generally a Class B misdemeanor, punishable by up to 180 days in jail, a fine up to $2,000, or both.7State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor The charge becomes a Class A misdemeanor if the person has a prior harassment conviction, or if the offense involved repeated electronic communications or social media posts targeting a child under 18 with the intent that the child commit suicide or engage in conduct causing serious bodily injury.2State of Texas. Texas Penal Code Section 42.07 – Harassment Class A misdemeanors carry up to one year in jail and a fine up to $4,000.8State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
When Federal Law Also Applies
Conduct that crosses state lines or uses interstate systems like the internet can also be charged under 18 U.S.C. Section 2261A. Federal law makes it a crime to use the mail, any interactive computer service, or any electronic communication system of interstate commerce to engage in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or that causes or would reasonably be expected to cause substantial emotional distress.9Office of the Law Revision Counsel. 18 USC 2261A – Stalking
Federal penalties start at up to five years in prison. Serious bodily injury raises the maximum to ten years. Permanent disfigurement or life-threatening injury pushes it to twenty years. If the victim dies, the sentence can be life imprisonment. Committing the offense while violating an existing restraining or protective order carries a mandatory minimum of one year.10Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
Federal prosecution typically arises when a victim is in another state, when the stalker uses anonymous internet tools to evade local police, or when the conduct is severe enough to draw FBI attention. A person can face both state and federal charges for the same behavior without a double jeopardy problem, because state and federal governments are separate sovereigns.
Getting a Protective Order
Victims of conduct that meets Section 42.072 can apply for a protective order under Texas Code of Criminal Procedure Chapter 7B. The victim, a parent or guardian of a minor victim, or a prosecutor acting on the victim’s behalf can file the application.11Texas District and County Attorneys Association. Texas Code of Criminal Procedure Chapter 7B – Protective Orders
The application goes through the District Clerk’s office or the County Attorney’s office. A judge can issue a temporary ex parte protective order without the respondent being present, providing immediate protection while the case moves forward. A temporary order lasts up to twenty days.12Texas State Law Library. Types of Protective Orders A full hearing with both parties is then scheduled to decide whether a longer-term order should be issued.
Protective orders can prohibit the respondent from communicating with the victim, coming within a certain distance, and accessing specific locations like the victim’s home or workplace. Violating a protective order is a separate criminal offense.
Suing the Stalker for Damages
Criminal charges aren’t the only route. Texas Civil Practice and Remedies Code Chapter 85 creates a civil cause of action specifically for stalking. Section 85.002 states plainly: “A defendant is liable . . . to a claimant for damages arising from stalking of the claimant by the defendant.”13State of Texas. Texas Civil Practice and Remedies Code Section 85.002 – Liability
Victims can pursue compensation for counseling costs, lost wages from missed work, relocation expenses, and other financial harm caused by the stalking. A civil lawsuit is independent of any criminal case. The burden of proof is lower in civil court (preponderance of the evidence rather than beyond a reasonable doubt), so victims can sometimes recover damages even when a criminal case doesn’t produce a conviction.
In federal cases, courts may also order criminal restitution covering lost income, medical expenses, counseling costs, and property damage directly related to the offense.14U.S. Department of Justice. Restitution Process
Documenting and Reporting the Harassment
How you preserve evidence shapes what police and judges can do with your case. Digital evidence is easy to alter and easy to delete, so capturing it in a credible form early matters.
Take unedited screenshots of every threatening or harassing message, social media post, or email. Make sure the date, time, and sender’s identifying information (username, email address, phone number) are visible in each screenshot. Don’t crop or edit the images. If the platform allows you to download your message history, do that too.
Keep a written log of each incident: date, time, platform, and a brief description of what happened. That kind of timeline is exactly what law enforcement and judges look for when deciding whether the conduct meets the “pattern” requirement under Section 42.072. Save call logs, voicemails, and records of any blocked numbers. When the harassment comes from anonymous accounts, note every username and any detail that might link the accounts to a specific person.
You can file a criminal report at your local police station. Many Texas jurisdictions also accept online reports with digital evidence uploaded directly. Once a case number is assigned, reference it in all future communications with law enforcement. If you’re also pursuing a protective order, bring printed copies of your evidence to the District Clerk’s office along with the completed application.