Stalking may be charged as Felony 3, with potential upgrade to Felony 2 if previously committed.

• A. Felony 2
• B. Felony 3
• C. Class A Misdemeanor
• D. State Jail Felony

Answer: (A)

Stalking classification and enhancement depend on prior offenses. Under Texas law, stalking starts as a third-degree felony, but if there has been a previous stalking conviction, the charge escalates to a second-degree felony. The scenario describes exactly that upgrade condition, so the best answer is Felony 2. A Class A Misdemeanor does not fit stalking under this statute, and a State Jail Felony is a different category that doesn’t apply to this upgrade rule.