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 Pennsylvania, stalking is defined under 18 Pa.C.S. § 2709.1 and is considered a crime when a person engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. Stalking can be charged as a misdemeanor or a felony, depending on the circumstances, such as if the perpetrator has a prior stalking conviction or if the conduct occurs during an existing court order. The state also addresses cyberstalking through its harassment statute, 18 Pa.C.S. § 2709, which includes cyber harassment of a child and related offenses. This encompasses the use of electronic means to harass, threaten, or annoy another person, including via email, text messaging, and social media. Additionally, Pennsylvania law recognizes the use of GPS devices to track someone as a form of stalking. The federal law also criminalizes stalking, including cyberstalking, under 18 U.S.C. § 2261A, providing additional avenues for prosecution, especially if the conduct crosses state lines or involves interstate communications.