FOCL Practice Test

Which is a required element of the Texas stalking statute?

1. The harassing conduct must occur on more than one occasion

2. The victim must be physically harmed

3. The stalker must have a prior relationship with the victim

4. The stalker must use threats of violence

The correct answer is: The harassing conduct must occur on more than one occasion

The required element of the Texas stalking statute is that the harassing conduct must occur on more than one occasion. This aspect is crucial because it emphasizes the pattern of behavior that characterizes stalking; single incidents do not meet the legal definition. The law recognizes that stalking involves a series of actions that create a sustained and distressing course of conduct, which is indicative of a significant threat to the victim's safety or emotional well-being. In contrast, the other elements mentioned are not prerequisites for demonstrating that a person is guilty of stalking under Texas law. For instance, the victim does not need to have sustained physical harm for an act to be considered stalking; the definition focuses on the fear and distress caused by the repeated conduct. Additionally, there is no requirement for the stalker to have a prior relationship with the victim, as stalking can occur between strangers as well. Lastly, while threats of violence can escalate a situation and contribute to the stalking behavior, they are not a necessary component of the statute. The emphasis is on the repeated nature of the conduct, highlighting the ongoing threat posed to the victim.