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 North Carolina, stalking is addressed under North Carolina General Statutes § 14-277.3A. Stalking is defined as willfully engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. This includes actions such as being in the physical presence of the victim, approaching or confronting the victim in a public or private place, appearing at the workplace or residence of the victim, entering onto or remaining on property owned, leased, or occupied by the victim, among other behaviors. Cyberstalking is also a crime under North Carolina General Statutes § 14-196.3, which includes the use of electronic communication to threaten, extort, or intimidate someone, or to repeatedly send messages after being told to stop. At the federal level, stalking is criminalized under 18 U.S.C. § 2261A, which also includes the use of technology to stalk. The specific actions that constitute stalking can include spying, waiting at locations for the victim, leaving unwanted items, and disseminating information about the victim online or in public. The use of technology, such as email spoofing, text messaging, social media harassment, online impersonation, and GPS tracking to harass or intimidate a victim, is also covered under these laws. The exact legal definitions and requirements for proving stalking can vary, but both state and federal laws aim to protect individuals from this type of behavior.