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 Arizona, stalking is defined under Arizona Revised Statutes §13-2923 as intentionally or knowingly engaging in a course of conduct that is directed toward another person, and if that conduct would cause a reasonable person to fear for their safety or the safety of their immediate family members, or to suffer substantial emotional distress. Stalking can include behaviors such as spying, waiting at a person's home or workplace, leaving unwanted gifts, and using technology to harass, such as through email spoofing, text messaging, social media, online impersonation, or GPS tracking. Stalking is a serious crime in Arizona and can be charged as a felony, with the level of the charge depending on factors such as the stalker's intent, any prior convictions, and the specific circumstances of the conduct. Additionally, federal law under 18 U.S.C. §2261A also criminalizes stalking, including the use of technology to stalk, providing further legal recourse for victims. Victims of stalking in Arizona have the right to seek legal protection, including obtaining orders of protection or injunctions against harassment.