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 as engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such person. This includes behaviors such as spying, waiting at locations to make unwanted contact or monitor the victim, leaving unwanted items, and spreading information or rumors about the victim both online and offline. Cyberstalking is also recognized as a form of stalking and includes actions such as email spoofing, text messaging, using social media to harass or impersonate the victim, and using GPS technology to track the victim. Stalking is a criminal offense under Pennsylvania law (18 Pa.C.S. § 2709.1) and can be graded as a misdemeanor or a felony depending on the circumstances, such as if the stalker has a prior history of stalking or if the victim is a minor. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to stalk, providing further legal recourse for victims.