Is Stalking Illegal

Is Stalking Illegal? An Overview of Stalking Laws and Penalties

Stalking behaviors can range from annoying to terrifying. If you feel you have a stalker, you may wonder – is stalking illegal? The short answer is yes. Both federal and state laws prohibit stalking in the United States.

What Constitutes Stalking?

Stalking involves repeatedly harassing or threatening someone, causing them to fear for their safety. Common stalking behaviors include:

• Following someone
• Appearing at a person’s home, work, or school
• Sending unwanted gifts, letters, texts or emails
• Monitoring phone calls or computer use
• Using technology like hidden cameras or GPS to track someone
• Threatening physical harm to a person or their family

For something to qualify legally as stalking, the behavior usually needs to be repeated, unwanted, and make a reasonable person afraid for their safety.

Is Stalking a Crime Under Federal Law?

Yes. In 1990, the first federal anti-stalking law was passed as part of the Violence Against Women Act (VAWA). This law makes it a federal crime to travel across state lines with intent to injure or harass another person and then actually commit harmful acts. Penalties can include fines and up to 5 years imprisonment.
In 1996, VAWA provisions were expanded by the Interstate Stalking Punishment and Prevention Act. This added computer and electronic forms of communication to the federal stalking definition. It also increased potential prison terms for stalking convictions to 10 years if bodily injury results and life if death results.

State Anti-Stalking Laws

In addition to federal statutes, stalking is illegal in all 50 U.S. states. State laws provide further protections, as stalking often involves perpetrators targeting victims locally.
Though definitions and penalties vary by state, most states classify stalking as a felony. In California, up to 5 years imprisonment can result. In New York, sentences can reach 7 years. Many states also allow civil lawsuits from stalking victims.

Common State Stalking Law Provisions

Most state anti-stalking laws have key features in common, like:

• Outlawing willful, malicious, and repeated following or harassing conduct
• Requiring victim fear or emotional distress from this conduct
• Enhanced penalties for stalking involving violation of court orders or for prior stalking convictions
• Aggravated stalking charges involving credible threats or violence

To prosecute stalking charges, states must prove a pattern of harassing behaviors. Single acts or incidents typically aren’t sufficient.

What If You Are Being Stalked?

If you feel you are being stalked, don’t suffer in silence. Take actions like:

• Tell family, friends, police, and your employer
• Keep evidence like texts, photos, videos to show proof
• Get a court restraining or protective order
• Take precautions like changing locks and routines
• Consider security systems and self-defense classes
• Seek counseling to cope with fear and anxiety

Stalking often escalates, so early intervention gives the best chance to stop it. Ignoring stalking rarely makes it go away.
You also have legal rights, like suing stalkers for monetary damages. An attorney can advise you on claims like:

• Intentional infliction of emotional distress
• Assault and battery
• Invasion of privacy

Civil judgments can recover money damages to compensate for:

• Medical bills
• Lost wages
• Pain and suffering
• Out-of-pocket expenses like security costs

Stalking Defenses

When facing criminal charges or civil lawsuits, alleged stalkers may raise defenses like:

• Consent – arguing contacts were actually consensual
• Mistake – claiming they didn’t mean to cause fear
• Free speech – stating stalking laws violate First Amendment rights

However, courts have found stalking statutes don’t infringe free speech if they require showing unwanted harassing conduct.
Mental competency issues can also arise as a defense. Stalkers often have psychiatric disorders like erotomania. Treatment may be ordered in lieu of incarceration.

The Bottom Line

Stalking behaviors violate both federal and state laws across the U.S. If you feel targeted, don’t keep quiet or blame yourself. Speak up to authorities and people you trust. And know that justice can be served under the law to make stalking stop.