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 Vermont, stalking is defined under 13 V.S.A. § 1061 as engaging in a course of conduct consisting of following, lying in wait, or harassing, and thereby placing another person in reasonable fear for their safety or the safety of their family or causing the person to suffer emotional distress. Stalking behavior can include 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 can involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS technology to track the victim. Vermont law takes into account the use of technology in stalking offenses. Stalking is a crime under both federal law (18 U.S.C. §2261A) and Vermont state law, with federal law also criminalizing the use of technology to stalk (18 U.S.C. §2261A(2)). The specific elements of the crime, such as the stalker's intent and the nature of the victim's fear or emotional distress, may vary, but the core components of the offense are consistent in recognizing the serious nature of stalking and providing legal recourse for victims.