§ 85.004.Damages

A short damages provision, and the cross-reference is what distinguishes it.

A prevailing claimant may recover actual damages and, subject to Chapter 41, exemplary damages.

"Subject to Chapter 41" imports the whole damages regime — the clear and convincing standard, proof of fraud, malice, or gross negligence, jury unanimity on both liability and amount, and the statutory cap.

Note what this chapter does not provide. Unlike the sexual exploitation chapter, it does not say mental anguish is recoverable without other injury. Unlike the trafficking and intimate visual material chapters, it does not award attorney's fees, and it does not make the damages award mandatory.

That is a meaningful gap. Stalking damages are frequently non-economic — fear, disruption, the cost of moving or of security measures — and without a fee provision a claim may cost more to bring than it recovers.

The chapter is cumulative, so a claimant with a parallel theory carrying a fee remedy will often plead it alongside.

Exemplary damages are the realistic route to a substantial award here, and the proof section's requirements — a threat, continued conduct after a demand to stop — will frequently support the malice or gross negligence finding they need.