State Stalking Laws
Stalking laws differ by state and aggravating factors impact how convictions are made. Here’s everything you need to know about stalking laws.
Federal law prohibits any individual from stalking another person. The law considers stalking the repeated and intentional following of a person to harass them with threats of violence or death. While interstate stalking is illegal under federal law, all fifty states have anti-stalking laws.
What is Stalking?
In general, stalking is the intentional, repeated following of a person for the purpose of harassing them with threats of violence or death. If the perpetrator did not violate federal laws, a jurisdiction can still charge the individual under state anti-stalking laws.
Examples of stalking include but are not limited to the following:
- Following a victim,
- Watching a victim,
- Unwanted phone calls,
- Sending unwanted gifts, or
- Using technology to monitor or track a victim.
Related: What is Willful Sexual Misconduct?
What are the Stalking Laws?
All states and the District of Columbia have criminal laws to address stalking. However, the definition of stalking differs by state. For example, some states require stalking to entail the victim being frightened.
Less than one third of the states consider stalking as a felony in all circumstances, including on the first offense. More than half of states classify stalking as a felony upon the second or subsequent offense, or when the crime involves aggravating factors.
These factors entail but are not limited to the following:
- Possession of a deadly weapon,
- Violation of a court order,
- Victims under 18, or
- Same victim as prior incidents.
Hence, stalking laws differ by state and convictions depend on if any aggravating factors were present.
Federal Stalking Laws
Federal law defines interstate stalking under 10 U.S.C. 2261A. The federal government passed the law as part of the Violence Against Women Act (VAWA). The law makes it a felony to cross state lines to stalk someone if the act caused fear of serious injury or death to the victim or the victim’s family. It is also a felony to stalk military or U.S. territories.
Under VAWA, stalking entails:
- Placing another person in reasonable fear of death or injury to themselves or their families,
- Causing, or attempting to cause, emotional distress to the target of their conduct, or
- Acts with the intent to kill, injure, harass, or intimidate the victim to kill, injure, harass, or intimidate the person.
For stalking to violate federal law, the perpetrator must have either traveled across state lines, into or out of tribal lands, or engaged in interstate commerce as part of the crime. Violating the federal law includes the use of electronics as a means of stalking. Hence, federal law includes stalking through using a phone, the internet, or the U.S. postal service.
Related: Is Staring At Work Considered Harassment?
Someone convicted of stalking under federal law faces a possible prison sentence (under five years), a fine (under $250,000), or both. However, if the stalking leads to a death or an injury, the conviction can lead to a sentence of up to life in prison because the authorities will not only charge the person with stalking.
FAQs About Stalking Laws by State
What can I do if someone is stalking me?
Victim should get to a safe place and call 911. The Domestic Violence Hotline: 1-800-799-SAFE can provide people with confidential help and information. Victims can often press charges or file a restraining order. Victims have the right to receive reasonable protection (18 USC 3771). Hence, a person has options if someone is stalking them. If an individual believes someone is stalking them and wants to take legal action, they should contact law enforcement authorities and hire a defense attorney.
What is an example of a state’s stalking law?
California Penal Code 646.9 PC criminalizes stalking someone to the point the person fears for their safety. California defines stalking as following, harassing, or threatening someone. The state can charge stalking as a misdemeanor or a felony. A conviction can entail jail time (less than five years).
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