Thoughts from 2014: If you’ve tuned in to ESPN recently, you have most likely seen the news that the Baltimore Ravens cut Ray Rice after a video of a domestic violence incident involving his wife surfaced on the internet. Shortly afterward, the NFL suspended Rice indefinitely.
If you’re not a football fan, perhaps you’ve seen the frightening preview of the new show “Stalker” on CBS. You may not know that stalking is also a type of domestic violence. Stalking may seem harmless, but did you know that more than 3.4 million people are stalked annually or that approximately 75 percent of female homicides start with stalking?
Because of these alarming facts, Texas has cracked down on domestic violence and similar crimes by broadening its stalking law and making it easier for courts to punish offenders and enhance sentences for repeat offenders. It did so because of the strong connection between stalking and violent crime.
In light of these realities, here are some facts that everyone should know:
1. Definition of Stalking:
Stalking is defined as occurring when a person, on more than one occasion, knowingly engages in conduct the other person regards as threatening or causing fear of bodily injury, death, or property damage.
2. Stalking usually involves:
Repeated threatening or harassing behaviors, such as phone calls,
Following or shadowing a person,
Appearing at a person’s home or place of employment,
Vandalizing property, and/or
Any other activity that makes a person fear for his or her safety.
3. How is stalking proven?
There are two factors taken into consideration to prove stalking: 1) intent of the stalker, and 2) conduct of the stalker.
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Intent of the Stalker:
The stalker must have the intent or the knowledge that his/her actions will instill fear of death or bodily injury to the victim or a member of the victim’s family or household. Threats can be explicit (e.g. stating that he/she is going to kill the victim) or implied (e.g. harming the family pet or causing damage to the victim’s property) and must be aimed at a specific person. Threats may be conveyed by the stalker or by someone acting on behalf of the stalker. The stalking statute does not require that the victim be harmed by the defendant. -
Conduct of the Stalker: Conduct has to occur on more than one occasion and be directed towards the victim, the victim’s family or household members, or a person with whom the victim has a dating relationship. The acts may include threatening contact by mail or phone, damaging the victim’s property.
4. Recent Changes in Texas’ Stalking Statute:
The language in the new law includes behavior that involves the threat toward current dating partners. It adds language that stalking can include behavior targeted to the victim’s current dating partner, guarantees victims the right to provide testimony in court; and ensures that stalking can be prosecuted in any county in which one instance of stalking has occurred. More significantly, law encompasses the use of social media, such as Facebook, Twitter, or texts.
5. Penalty for Stalking:
The crime of stalking under the Texas Penal Code is a third-degree felony, which is punishable by 2-10 years in prison, and/or a fine up to $10,000. Repeat stalking offenses are felonies of the second degree, punishable by 2-20 years in prison and a fine up to $20,000.
If you are being stalked or have been the victim of a similar crime, you should:
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Notify your local law enforcement agency immediately. All stalking incidents should be reported to the police. Request that each incident be documented.
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Keep a diary. Describe each incident and obtain names of witnesses of each incident, if possible.
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Record telephone conversations. Tell the stalker to stop calling and hang up. Write down the time and date of each phone call.
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Keep all correspondence. Make a copy of anything you receive from the stalker.
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Contact an attorney to discuss additional methods of protection, such as a protective order.
If you have been charged with the crime of Stalking:
The potential consequences for a conviction of stalking are severe. If you have been accused of stalking, you should immediately cease any and all contact with the person making the claim and contact an attorney to discuss your situation and options.