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 Indiana, stalking is defined under Indiana Code 35-45-10-1 as a pattern of conduct intended to cause a person to feel frightened, intimidated, or threatened. This includes behaviors such as repeatedly following someone, making unwanted communications, or placing a person under surveillance. Stalking is considered a Level 6 felony if it is a first offense, and it can be elevated to a Level 5 or Level 4 felony for subsequent offenses or if certain aggravating factors are present, such as the use of a deadly weapon or a prior unrelated conviction for an offense against the person being stalked. Cyberstalking, which involves the use of technology to harass or intimidate, is also covered under Indiana's stalking laws. The state's electronic harassment laws complement the stalking statutes to address various forms of online and technological harassment. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, providing further legal recourse for victims. It is important for individuals in Indiana to understand that stalking behaviors, including those conducted through technology, are serious crimes and can result in significant legal consequences.