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 Mississippi, stalking is addressed under state statutes, specifically Miss. Code Ann. § 97-3-107, which defines stalking as purposefully engaging in a course of conduct directed at a specific person, or a member of that person's family, which would cause a reasonable person to fear for his or her safety, to suffer emotional distress, or to fear that their employment, business or career is threatened. Such conduct includes following, harassing, telephoning, contacting, or otherwise communicating with another. Mississippi law also recognizes cyberstalking, which includes the use of electronic communication to threaten, terrify, intimidate, or harass a specific person, which could involve email spoofing, text messaging, and the use of social media or GPS tracking as described. The penalties for stalking in Mississippi range from misdemeanors to felonies, depending on the circumstances, such as prior convictions or the issuance of a protective order. At the federal level, stalking is criminalized under 18 U.S.C. § 2261A, which also includes the use of technology to stalk, providing additional avenues for legal recourse. It's important for individuals in Mississippi to understand that both state and federal laws provide protection against stalking and cyberstalking, and violations can lead to serious legal consequences.