Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim

• text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)). Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In Indiana, stalking is defined under Indiana Code § 35-45-10-1 as a course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The law recognizes various forms of stalking, including physically following someone, unwanted communication, and surveillance. Cyberstalking is also addressed under this statute, encompassing the use of technology such as email spoofing, text messaging, social media harassment, online impersonation, and GPS tracking to harass or intimidate a victim. Stalking is a crime in Indiana and can be charged as a felony or misdemeanor depending on the circumstances, including the presence of a protective order, prior stalking convictions, or if the stalking conduct was sexually motivated. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including cyberstalking, providing further legal recourse for victims. It's important for individuals in Indiana to understand that both state and federal laws offer protection against stalking behaviors, and legal action can be pursued if they experience such conduct.