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 Ohio, stalking is addressed under Ohio Revised Code Section 2903.211, which defines menacing by stalking. This statute makes it illegal for any person to engage in a pattern of conduct that causes another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. This includes behaviors such as repeatedly following, surveilling, or making unwanted contact with a person, and can extend to the use of technology for cyberstalking. Cyberstalking may involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking, among other methods. Stalking is a serious offense that can be charged as a misdemeanor or a felony, depending on the circumstances, such as prior offenses or the presence of a protection order. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, making it unlawful to use electronic communication to harass or intimidate another person across state lines. The specific legal definitions and requirements for a stalking charge can vary, but both state and federal laws aim to protect individuals from a pattern of conduct that induces fear or emotional distress.
