The Difference Between Harassment and Stalking Charges in Texas

Harassment and stalking are both serious criminal charges in Texas—and while they can sometimes sound similar, they’re legally very different. If you or someone you care about is facing one of these charges, understanding how they differ is critical. The consequences for each can vary significantly, and so can the defense strategies.

Here’s a breakdown of the key differences between harassment and stalking under Texas law, what they mean, and what to do if you’re accused.

What Is Harassment in Texas?

Under Texas Penal Code § 42.07, harassment happens when someone intentionally communicates with another person in a way that’s meant to harass, annoy, alarm, abuse, torment, or embarrass them.

Harassment can include:

• Repeated unwanted phone calls, texts, or emails

• Obscene or threatening language

• Posting false or offensive material online

• Messaging someone after they’ve asked you to stop

The communication doesn’t have to be face-to-face—it can happen through texts, calls, emails, social media, or even through a third party.

Harassment is typically charged as a Class B misdemeanor, which can mean:

• Up to 180 days in jail

• Up to $2,000 in fines

In some cases—like when there’s a prior conviction—it may be bumped up to a Class A misdemeanor.

What Is Stalking in Texas?

Stalking, under Texas Penal Code § 42.072, involves a pattern of behavior that causes someone to feel threatened, scared, or harassed, especially when they fear bodily harm or death to themselves, their family, or their property.

Stalking often includes:

• Following someone repeatedly

• Showing up uninvited at a person’s home or workplace

• Sending threatening messages over time

• Repeated actions that cause someone to feel seriously afraid or unsafe

Unlike harassment, stalking involves a repeated course of conduct that escalates fear and distress.

Stalking is a much more serious charge, and is usually filed as a third-degree felony:

• 2 to 10 years in prison

• Fines up to $10,000

If you’ve been previously convicted of stalking, the charge becomes a second-degree felony, with:

• 2 to 20 years in prison

• Up to $10,000 in fines

Key Differences Between Harassment and Stalking

What If You’re Accused of Harassment or Stalking?

Whether the charge is harassment or stalking, being accused can turn your life upside down. Both offenses can result in:

• Restraining or protective orders

• Jail or prison time

• A permanent criminal record

• Loss of custody rights, employment, or housing opportunities

But not every accusation is valid. People are often falsely accused due to relationship disputes, custody battles, or misinterpreted communication.

Defending Against Harassment or Stalking Charges

At The Fox Firm, we work with clients across McKinney, Plano, and throughout Texas who are facing charges they don’t deserve. You have the right to defend yourself—and we’re here to help.

We’ll investigate the facts and build a defense based on:

✅ Lack of intent – The messages or actions weren’t meant to harass or threaten
✅ Mutual communication – The interaction was not one-sided or unwanted
✅ Lack of evidence – The accusations are unsupported or exaggerated
✅ Freedom of speech – Your behavior didn’t violate any laws

If you’re being investigated or charged, don’t wait—the earlier we get involved, the stronger your defense can be.

Contact The Fox Firm Today

Accused of harassment or stalking in Texas? We understand how confusing and overwhelming these situations can be, and we’re here to help you protect your rights, your freedom, and your future.

Contact The Fox Firm today to schedule a confidential consultation.