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Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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As to stalking, is it really a necessary element of the offense that the D threatened the victim with bodily harm?
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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I don't read 42.072 as requiring a direct actual threat (though that makes it easier to prove). The conduct of the defendant that is directed against IP must be of the type that Defendant reasonable knows the IP would regard as threatening bodily injury or death or would creat a reasonable fear that it will result in damage to IP's property. I still find that most of the cases submitted don't meet the statute.
 
Posts: 261 | Location: Fort Worth, Texas | Registered: February 21, 2001Reply With QuoteReport This Post
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but we don't need to worry about stalking in this case if it happened in Texas, because we have Section 16.06, PC: Unlawful Installation of Tracking Device. What this guy did is a Class A in Texas...
 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
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