What defense can be asserted if charged for stalking?

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What defense can be asserted if charged for stalking?

A person photographs women randomly and in public with an overall artistic intent for the ultimate use of the photos. Because it’s a random selection process, the photographer accidentally acquires more than one photo of a woman who later accuses them of stalking.

Asked on May 3, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are asking basically is what are the criminal elements of the crime of stalking in Texas and what would the prosecutor have to prove.  For the State to prove stalking, they have to show beyond a reasonable doubt that 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; AND 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) that an offense will be committed against the person's property.   There has to be intent here to target that person.  I would speak with an attorney on the matter.  Good luck.


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