Texas § 38.46 EVIDENCE IN PROSECUTIONS FOR STALKING.

Texas Statutes

§ 38.46 — EVIDENCE IN PROSECUTIONS FOR STALKING.

Texas § 38.46

Code CRCode of Criminal Procedure

This text of Texas § 38.46 (EVIDENCE IN PROSECUTIONS FOR STALKING.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 38.46 (2026).

Text

Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING.

(a)In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person in circumstances similar to the circumstances of the alleged victim to experience a fear described by Section 42.072 (a)(3)(A), (B), or (C), Penal Code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship.

(b)This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Tex

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Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING. (a) In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person in circumstances similar to the circumstances of the alleged victim to experience a fear described by Section 42.072 (a)(3)(A), (B), or (C), Penal Code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship.
(b) This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 591 (S.B. 82 ), Sec. 3, eff. September 1, 2011. Amended by: Acts 2023, 88th Leg., R.S., Ch. 947 (S.B. 1717 ), Sec. 1, eff. September 1, 2023.