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 Virginia, stalking is considered a serious criminal offense. It is defined as engaging in conduct directed at another person with the intent to place that person, or that person's family or household member, in fear of death, criminal sexual assault, or bodily injury. This includes behaviors such as spying, waiting at locations to make unwanted contact or observe the victim, leaving unwanted items, and spreading information or rumors about the victim both online and offline. Cyberstalking is also addressed under Virginia law, encompassing activities such as email spoofing, abusive text messaging and sexting, creating harassing social media posts, online impersonation, and using GPS technology to track the victim. The legal framework for stalking in Virginia is set forth in Virginia Code § 18.2-60.3, which outlines the penalties for stalking, including the possibility of being charged with a Class 1 misdemeanor for a first offense and a Class 6 felony for subsequent offenses or if a protective order is in place. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to commit the offense, providing a broader scope of protection against stalking behaviors.