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 Montana, stalking is defined under Montana Code Annotated § 45-5-220 as a course of conduct directed at a specific person that would cause a reasonable person to feel frightened, intimidated, or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. This includes behaviors such as spying, waiting at locations for the victim, leaving unwanted items, and posting information about the victim online. Cyberstalking is also recognized as a form of stalking and can involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking. Stalking is a crime in Montana and can be charged as a misdemeanor or a felony, depending on the circumstances, such as prior convictions or the issuance of a restraining order. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to commit the offense. The specific elements of the crime and penalties may vary, but both state and federal laws aim to protect individuals from this invasive and potentially dangerous behavior.