CHAPTER 85. LIABILITY FOR STALKING
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 85. LIABILITY FOR STALKING
Sec. 85.001. DEFINITIONS. In this chapter:
(1) "Claimant" means a party seeking to recover damages under
this chapter, including a plaintiff, counterclaimant,
cross-claimant, or third-party plaintiff. In an action in which a
party seeks recovery of damages under this chapter on behalf of
another person, 'claimant' includes both that other person and
the party seeking recovery of damages.
(2) "Defendant" includes any party from whom a claimant seeks
recovery of damages under this chapter.
(3) "Family" has the meaning assigned by Section 71.003, Family
Code.
(4) "Harassing behavior" means conduct by the defendant directed
specifically toward the claimant, including following the
claimant, that is reasonably likely to harass, annoy, alarm,
abuse, torment, or embarrass the claimant.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.
7.002(b), eff. Sept. 1, 2003.
Sec. 85.002. LIABILITY. A defendant is liable, as provided by
this chapter, to a claimant for damages arising from stalking of
the claimant by the defendant.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997.
Sec. 85.003. PROOF. (a) A claimant proves stalking against a
defendant by showing:
(1) on more than one occasion the defendant engaged in harassing
behavior;
(2) as a result of the harassing behavior, the claimant
reasonably feared for the claimant's safety or the safety of a
member of the claimant's family; and
(3) the defendant violated a restraining order prohibiting
harassing behavior or:
(A) the defendant, while engaged in harassing behavior, by acts
or words threatened to inflict bodily injury on the claimant or
to commit an offense against the claimant, a member of the
claimant's family, or the claimant's property;
(B) the defendant had the apparent ability to carry out the
threat;
(C) the defendant's apparent ability to carry out the threat
caused the claimant to reasonably fear for the claimant's safety
or the safety of a family member;
(D) the claimant at least once clearly demanded that the
defendant stop the defendant's harassing behavior;
(E) after the demand to stop by the claimant, the defendant
continued the harassing behavior; and
(F) the harassing behavior has been reported to the police as a
stalking offense.
(b) The claimant must, as part of the proof of the behavior
described by Subsection (a)(1), submit evidence other than
evidence based on the claimant's own perceptions and beliefs.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997.
Sec. 85.004. DAMAGES. A claimant who prevails in a suit under
this chapter may recover actual damages and, subject to Chapter
41, exemplary damages.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997.
Sec. 85.005. DEFENSE. It is a defense to an action brought
under this chapter that the defendant was engaged in conduct that
consisted of activity in support of constitutionally or
statutorily protected rights.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.005 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997.
Sec. 85.006. CAUSE OF ACTION CUMULATIVE. The cause of action
created by this chapter is cumulative of any other remedy
provided by common law or statute.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14,
1995. Renumbered from Civil Practice and Remedies Code Sec.
83.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.
Sept. 1, 1997.