How Serious Is a Stalking Charge?

Stalking laws exist because a series of acts that each seem minor can together create real fear and danger.

Typical elements

Most state statutes require (Cornell LII):

1. A course of conduct, meaning two or more acts, directed at a specific person
2. That would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress
3. With the required intent or knowledge, depending on the state

Examples of stalking conduct

• Repeatedly following or watching someone
• Showing up uninvited at home, work or school
• Repeated unwanted calls, texts, messages or gifts
• Tracking someone with GPS devices or apps
• Monitoring accounts or impersonating someone online
• Threatening the person, their family or pets

Cyberstalking

Federal law makes it a crime to use mail, the internet or other electronic communication to engage in a course of conduct that places a person in reasonable fear of death or serious injury or causes substantial emotional distress, and also covers travel across state lines to stalk (18 U.S.C. 2261A). Federal penalties range up to five years for a basic offense and much more when serious injury or death results (18 U.S.C. 2261).

Misdemeanor or felony?

Stalking can be charged as a felony, or elevated from a misdemeanor, when it involves:

• Credible threats of violence
• A protective order in place
• A weapon
• A victim under a certain age
• Prior stalking convictions

Consequences

Jail or prison, probation with no-contact conditions, mandated counseling, firearm restrictions under some state laws, and protective orders. A conviction can also affect custody and immigration status.

For victims

1. Do not engage with the stalker.
2. Keep a log and save every message, voicemail and photo.
3. Tell trusted people and your workplace.
4. Report to police; ask about a protective order. See how to get a restraining order.
5. Check devices and cars for tracking apps or devices.

If you are accused

Stop all contact immediately, follow any order exactly, and talk to a criminal defense lawyer. See also harassment.

Sources

1. Cornell Law School LII: 18 U.S.C. 2261A, Stalking
2. Cornell Law School LII: 18 U.S.C. 2261, Penalties
3. Cornell Law School LII: Stalking