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 Montana, stalking is defined under Montana Code Annotated § 45-5-220 as purposely or knowingly causing another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly following the person or harassing, threatening, or intimidating them, directly or indirectly, or through the use of technology. This includes behaviors such as spying, waiting at locations to make unwanted contact, leaving unwanted items, and disseminating information about the victim online or in public. Cyberstalking is also recognized as a form of stalking, encompassing actions like email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking devices. Stalking is a criminal offense in Montana and can be prosecuted under state law, with penalties varying based on the severity of the conduct and whether it is a first or subsequent offense. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to harass or intimidate, providing another avenue for legal recourse. It is important for individuals in Montana to understand that stalking behaviors are taken seriously by law enforcement and the legal system, and victims have the right to seek protection and justice.