Cyberstalking is a felony under federal law and in most states when aggravating factors are present, such as a credible threat of violence, a victim under 18, violation of a protective order, or a prior conviction involving the same victim. Without those factors, many jurisdictions charge a first offense as a misdemeanor. The federal statute, 18 U.S.C. § 2261A, carries up to five years in prison for a standard conviction and far more when someone is seriously injured or killed.1Office of the Law Revision Counsel. 18 USC 2261A – Stalking
What Turns Cyberstalking Into a Felony
The line between misdemeanor and felony usually comes down to a short list of aggravating factors. When any of them appears in a case, charges escalate quickly.
A Credible Threat
The most common felony trigger is a credible threat. The stalker does not have to say “I’m going to hurt you” in those words. A pattern of behavior that would make a reasonable person fear for their life or physical safety qualifies. Repeatedly showing up where the victim goes, sending messages that reference their daily routine, or describing violent scenarios can all amount to a credible threat depending on context.
A Victim Under 18
Federal law imposes enhanced penalties when the victim is a minor. Under 18 U.S.C. § 2261B, the maximum prison sentence increases by five years beyond whatever the base penalty would otherwise be. A narrow exception applies where the victim is between 15 and 17 and the offender is no more than three years older.2Office of the Law Revision Counsel. 18 USC 2261B – Enhanced Penalty for Stalkers of Children
A Protective Order in Place
Cyberstalking someone while a restraining order, no-contact order, or other protective order is active carries a mandatory minimum of one year in federal prison. That minimum applies regardless of how the underlying conduct would otherwise be classified. There is no probation-only option.3Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
A Prior Conviction
A previous stalking or harassment conviction involving the same victim almost always converts what might otherwise be a misdemeanor into a felony, at both the state and federal level. Prosecutors treat repeat behavior as evidence of escalating danger.
Federal Prison Exposure
Federal penalties under 18 U.S.C. § 2261(b) are tiered by the harm caused:3Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
- Death of the victim: life imprisonment or any term of years.
- Permanent disfigurement or life-threatening injury: up to 20 years.
- Serious bodily injury or use of a dangerous weapon: up to 10 years.
- All other cases: up to 5 years.
- Violation of a protective order: minimum of 1 year, on top of any tier above.
Each of those maximums increases by five years when the victim is under 18.2Office of the Law Revision Counsel. 18 USC 2261B – Enhanced Penalty for Stalkers of Children Fines run alongside prison time, and a federal felony conviction can carry fines up to $250,000 for an individual.4Office of the Law Revision Counsel. 18 US Code 3571 – Sentence of Fine
How States Handle Cyberstalking
Every state addresses cyberstalking through some combination of stalking, harassment, and technology-specific statutes. A few use the term “cyberstalking” directly in their criminal codes. Others fold electronic conduct into their general stalking laws. The practical result: the same behavior can be a felony in one state and a misdemeanor in another.
Definitions of “substantial emotional distress” vary. So does what counts as a “credible threat.” Some states require proof the stalker intended to cause fear; others only require that a reasonable person would have been frightened. Misdemeanor sentences typically cap at about a year in jail. Felony sentences reach well beyond that, depending on the aggravating factors present. If you’re facing charges or seeking protection, the specific statute in your state governs, and most jurisdictions waive the filing fee for stalking-related protective orders.
What Prosecutors Must Now Prove After Counterman v. Colorado
In 2023, the Supreme Court changed what the First Amendment requires in any prosecution involving threatening speech. Counterman v. Colorado involved a man who sent hundreds of Facebook messages to a woman he had never met, some of which referenced violence. The question was whether the government had to prove he understood his messages were threatening, or whether a reasonable-person test alone was enough.
The Court held that prosecutors must show the defendant had some subjective awareness his statements could be perceived as threats. Negligence will not do. But the bar is not full intent, either. Recklessness suffices: the government must show the defendant “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”5Supreme Court of the United States. Counterman v. Colorado, No. 22-138
The decision applies to both federal and state cases, so it affects how every cyberstalking charge involving threatening speech gets built.
What a Felony Conviction Means Beyond Prison
The sentence and the fine are only part of what follows a felony cyberstalking conviction.
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. Felony cyberstalking carries up to five years, so every felony conviction triggers the ban. Separately, anyone subject to a qualifying stalking-related protective order is also barred from firearms, even without a conviction.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Most states restrict or eliminate voting rights after a felony conviction, with restoration rules that vary by state. A felony record appears on background checks and narrows employment prospects. Professional licenses in fields like law, healthcare, education, and finance may be denied or revoked. Courts may also impose mandatory counseling, GPS monitoring, or restrictions on internet and social media use as conditions of supervised release.
If You’re Being Cyberstalked
Preserve evidence first, before anything gets deleted. Take screenshots of every threatening or harassing message, email, social media post, and comment. Capture profile information, timestamps, and URLs. Save voicemails and call logs. If the stalker creates fake accounts or impersonates you, screenshot those too. Store copies somewhere the stalker cannot reach: a separate email account, a cloud drive with a unique password, or a USB drive kept with a trusted person.
Report to local law enforcement first. Even if interstate activity could eventually make the case federal, a local police report creates an official record and starts a paper trail. For federal reporting, the Department of Justice directs victims of online harassment to contact their local FBI field office. You can also file through the Internet Crime Complaint Center (IC3), which routes reports to the FBI and its law enforcement partners.7Department of Justice. Reporting Computer, Internet-related, or Intellectual Property Crime8Internet Crime Complaint Center. IC3 Home Page
Consider seeking a protective order through your local court. These orders can prohibit the stalker from contacting you by any means, including electronic communication, and a violation becomes an independent criminal offense carrying a mandatory minimum sentence at the federal level. An attorney or victim advocate at your local courthouse can walk you through the petition, which in most jurisdictions does not require a filing fee for stalking-related cases.