53 of the child and the mouth, anus, or sexual organ of the actor or a third party. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) That the actor was the spouse of the child at the time of the offense; or (2) That: the actor was not more than three years older than the victim and at the time of the offense: was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and the victim: Was a child of 14 years of age or older; and was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. (f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. STALKING 42.072 The State of Texas defines stalking as follows: A person commits an offense if 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 that: (1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening: Bodily injury or death for the other person; bodily injury or death for a member of the other person?s family or household or for an individual with whom the other person has a dating relationship; or that an offense will be committed against the other person?s property; (2) causes the other person, a member of the other person?s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person?s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (3) would cause a reasonable person to: (A) Fear bodily injury or death for himself or herself; (B) Fear bodily injury or death for a member of the person?s family or household or for an individual with whom the person has a dating relationship; (C) Fear that an offense will be committed against the person?s property; or (D) Feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended. (b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section: (1) The laws of another state; (2) The laws of a federally recognized Indian tribe; (3) The laws of a territory of the United States; or (4) Federal law. (c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct. (d) In this section: (1) ?Dating relationship,??family,??household,? and ?member of a household?have the meanings assigned by Chapter 71, Family Code. (2) ?Property?includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code. ^For Clery Act reporting purposes, Harassment as defined by State Law, may meet the elements of Stalking. Sec. 42.07. Harassment. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal
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