NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is stalking federal charges
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal criminal cases. You might know us from the Netflix series about Anna Delvey, or from the Ghislaine Maxwell juror misconduct case, or from defending Alec Baldwin against stalking allegations. Those cases got attention because they seemed impossible to win. Federal stalking charges work the same way – prosecutors act like the case is simple, but the details determine everything.
This article explains what federal stalking charges actually are, when the government can prosecute you in federal court, what prosecutors must prove, and what sentences people are getting in 2025.
Federal Stalking Is Easier to Charge Than You Think
Most stalking cases stay in state court. Federal charges require an interstate element – crossing state lines, using the phone, sending emails, posting on social media. That’s it. Use your phone to call someone in the same city? Federal jurisdiction. Send a text that routes through servers in another state? Federal jurisdiction. Drive from Tennessee to Florida to confront someone? Definitely federal.
Under 18 USC 2261A, the federal stalking statute, prosecutors can charge you two different ways. First – if you physically travel across state lines or into federal territory with intent to kill, injure, harass, intimidate, or surveil another person. Second – if you use mail, internet, phone, or any electronic communication system to engage in conduct that causes someone substantial emotional distress or places them in reasonable fear of death or serious bodily injury.
Courts interpret “interstate commerce” broadly, the kind of broad interpretation that makes defense attorneys furious. In 2025, DOJ is prosecuting cases where both people live in the same state. The government argues that Instagram routes data through multiple states. That’s enough. Federal prosecutors in the Middle District of Florida just got a 5-year sentence for a California man who stalked victims online – all the stalking happened through social media platforms that technically involve interstate commerce.
What Prosecutors Must Prove
The statute requires a “course of conduct.” That means two or more acts, not just one incident. Prosecutors build timelines showing you called six times, texted fourteen times over three days, showed up at someone’s workplace twice. Two acts minimum – but realistically, if they’re charging federally, you’re looking at dozens of contacts.
The government must also prove intent – you engaged in this conduct with intent to kill, injure, harass, intimidate, or place someone under surveillance. Intent separates persistent contact from stalking. Calling someone repeatedly to discuss a business dispute isn’t stalking. Calling someone repeatedly after they’ve told you to stop? That’s stalking.
Courts look at whether the victim sought medical treatment, therapy, changed routines. Prosecutors introduce evidence of the victim’s state of mind – text messages to friends saying they’re terrified, photos of new locks, testimony about sleepless nights. If you have a history of violence or made explicit threats – reasonable fear is easy to establish. Context determines everything.
Cyberstalking Dominates 2025 Federal Prosecutions
Between 2010 and 2020, federal courts filed 412 cyberstalking cases with a 90 percent conviction rate. In 2025, those numbers are higher. DOJ is aggressively prosecuting online harassment – fake social media accounts, doxxing, revenge porn, GPS tracking through spyware.
In April 2025, a Massachusetts man pleaded guilty to cyberstalking more than half a dozen women over 16 years. He created over 60 fake accounts across nearly 30 platforms and disseminated thousands of doctored or AI-generated sexually explicit images. That case shows how federal prosecutors approach cyberstalking – they build massive conspiracies showing years of coordinated harassment.
McKenzie McClure got 30 months in July 2025 for cyberstalking fourteen victims in Tennessee. Brian Thomas Balda got 39 months in September 2025 after driving from Oregon to Arizona to confront a former U.S. government official he’d been harassing for ten months. A Seattle man got 9 years in 2024 for relentless cyberstalking of a former roommate.
Those sentences reflect how seriously federal judges take these cases now. Defense attorneys argue that social media posts are protected speech. Prosecutors respond that targeted harassment isn’t speech – it’s assault. Judges in 2025 are siding with prosecutors, especially in cases involving multiple victims, long timeframes, or sophisticated methods like hacking or impersonation.
Base Penalties and Enhanced Sentences
Federal stalking carries up to 5 years in prison and a $250,000 fine for a basic conviction. But the statute includes enhancements that increase sentences dramatically. If your conduct causes serious harm or includes a credible threat, the maximum jumps to 10 years. If it causes permanent disfigurement or life-threatening injuries, 20 years. If the victim dies, life imprisonment.
Violating a restraining order while stalking triggers a mandatory minimum of 1 year added to whatever sentence you’d otherwise receive. Stalking someone under 18 adds 5 years mandatory. Stack those enhancements – violate a restraining order to stalk a 17-year-old and cause serious bodily injury – and you’re looking at decades in federal prison.
When Cases Go Federal Instead of State
Most stalking is prosecuted at the state level. Federal prosecutors get involved when the conduct crosses state lines, involves federal officers, includes sophisticated cybercrimes, or affects multiple victims across jurisdictions.
In July 2025, a Massachusetts man pleaded guilty to cyberstalking a South Carolina federal law enforcement agent and his family. That case went federal because the victim was a federal agent – DOJ protects its own. Stalking a federal judge, prosecutor, agent, or official essentially guarantees federal prosecution.
Cases involving elaborate schemes also attract federal attention. Federal agents can subpoena records from multiple platforms and coordinate across districts. Federal sentences run longer than most state stalking sentences, and federal prison has no parole – you serve at least 85% of whatever the judge imposes.
Defense Strategies That Actually Work
At Spodek Law Group, we’ve represented clients in federal stalking investigations before charges were filed and gotten the cases dropped. During the investigation phase, a skilled attorney can present evidence to the AUSA showing that your conduct doesn’t meet the statutory elements or that communications were misinterpreted.
We’ve handled cases where someone reported our client for stalking, but we showed investigators that the alleged victim was harassing our client. Early intervention prevents charges.
After charges are filed, defense focuses on challenging the elements. Did your conduct actually constitute a “course of conduct” or was it isolated incidents? Most federal stalking cases resolve through plea agreements – the 90 percent conviction rate reflects that reality. Prosecutors have strong evidence, and stalking leaves digital trails that juries find compelling.
Federal stalking charges destroy lives even if you’re ultimately acquitted. You lose your job when you’re arrested. The case appears in background checks for years. You need experienced counsel who understands federal procedure, knows the local prosecutors and judges.
Our firm has former federal prosecutors who know how DOJ builds these cases. We know which judges are harsh on stalking cases and which judges are more measured. We know when to fight and when to negotiate. If you’re under investigation or facing federal stalking charges, call us immediately – 24/7 availability, coast-to-coast representation, and a track record handling cases others said were unwinnable.