Stalking is a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. It is a crime in every U.S. state and under federal law, with penalties that range from a year in jail for a first misdemeanor to life in prison when the victim dies.1Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence According to the CDC, roughly one in five women and one in ten men are stalked at some point during their lifetime.2Centers for Disease Control and Prevention. About Stalking
The Legal Definition
Two elements have to be present. The first is a pattern. Federal law defines “course of conduct” as a pattern of behavior involving two or more acts that show a continuity of purpose,3Office of the Law Revision Counsel. 18 USC 2266 – Definitions and most state statutes follow the same two-or-more-acts framework.4National Institute of Justice. Overview of Stalking A single unwelcome encounter, however unsettling, usually isn’t enough.
The second element is reasonable fear. Courts don’t measure the victim’s subjective sensitivity alone. They ask whether an ordinary person in the same situation would feel afraid for their safety or for the safety of someone close to them, and whether that fear is objectively justified by the nature and persistence of the conduct.
What Stalking Looks Like
Behaviors that typically meet the legal threshold include:
- Physical surveillance: following someone, watching their home, or repeatedly appearing at places they frequent.
- Tracking technology: placing a GPS device on a vehicle, installing spyware on a phone, or monitoring location through shared apps without consent.
- Unwanted communication: repeated calls, texts, emails, social media messages, or voicemails that continue after a clear request to stop.
- Threats, whether direct or implied, against the victim, their family, or their pets.
- Property interference: vandalism, objects left at the door, or tampering meant to signal that the stalker has been present.
A credible threat doesn’t require the words “I’m going to hurt you.” Courts look at the totality of the circumstances: the pattern, the escalation over time, and what a reasonable person would understand the conduct to mean. Someone who repeatedly shows up uninvited, leaves notes, and follows a person home is communicating a threat through actions.
Cyberstalking
The federal stalking statute, 18 U.S.C. § 2261A, specifically reaches electronic harassment. Anyone who uses the mail, an interactive computer service, or any other instrument of interstate commerce to engage in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or that causes or would be expected to cause substantial emotional distress, can be prosecuted federally.5Office of the Law Revision Counsel. 18 USC 2261A – Stalking The protection extends beyond the victim to immediate family members, spouses, intimate partners, and even pets and service animals.
The statute has two prongs. One covers physically traveling across state lines with intent to stalk. The other covers electronic communication, regardless of whether the stalker crosses any border.5Office of the Law Revision Counsel. 18 USC 2261A – Stalking Harassment through social media, email, or messaging apps can trigger federal jurisdiction because virtually all internet communication travels through interstate systems.
Federal Penalties
Federal sentencing under 18 U.S.C. § 2261(b) scales with the harm caused:1Office 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.
Even a federal conviction with no physical injury carries up to five years. If the offense violates an existing restraining order, no-contact order, or other protective order, federal law imposes a mandatory minimum of one year.1Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
When the victim is under 18, maximum sentences increase by five years across every tier under 18 U.S.C. § 2261B. The baseline category jumps from five to ten years. A narrow exception applies when both parties are minors, or when the age gap is three years or less and the victim is at least 15.6Office of the Law Revision Counsel. 18 USC 2261B – Enhanced Penalty for Stalkers of Children
State Charges: Misdemeanor or Felony
Every state has its own stalking statute, and the classification of a first offense varies. A first-time charge without direct threats of physical violence is often treated as a misdemeanor carrying up to a year in jail and fines. Charges escalate to felony status when aggravating factors are present: use of a weapon, a minor victim, violation of an existing protective order, or a prior stalking conviction. Felony convictions can carry prison terms ranging from roughly two to ten years, depending on the state and the circumstances.
Some states enhance penalties further when the stalking appears sexually motivated, when the victim has an active protective order, or when the defendant has a prior violent-crime conviction. The pattern is consistent across jurisdictions: repeated offenses and escalating conduct push charges into higher classifications.
What To Do If You’re Being Stalked
If you’re in immediate danger, call 911. For ongoing situations that aren’t emergencies in progress, file a report with your local police department. A police report creates an official paper trail and may be necessary later for obtaining a protective order. The Office for Victims of Crime recommends asking whether your local department has a victim advocate who can help you develop a safety plan.7Office for Victims of Crime. Stalking
Start documenting everything right away. Keep a written log of every incident with the date, time, location, and what happened. Save all digital evidence: screenshots of texts, call logs, emails, social media messages, voicemails. Photograph vandalized property, objects left at your door, and any sign that someone has been on your property. Preserve any home security footage. The goal is a timeline that demonstrates a pattern, because courts need to see the two or more acts that establish a course of conduct.
VictimConnect offers 24/7 support by phone or text at 855-484-2846 and can help you find a local victim service provider.7Office for Victims of Crime. Stalking
Protective Orders
A protective order (also called a restraining order or order of protection, depending on the state) is a court order that legally prohibits the stalker from contacting or approaching you. You file a petition at the courthouse where you live, where the stalker lives, or where the stalking occurred. The petition includes a written narrative with specific incidents, dates, and locations, along with your documented evidence.
A judge reviews the petition at an ex parte hearing, often the same day, with only you present. If the judge finds enough evidence of an immediate threat, a temporary protective order is issued on the spot. It becomes enforceable once a law enforcement officer or professional process server formally serves it on the stalker. Carry a copy with you at all times.
A full hearing follows, usually within days or weeks depending on the state. Both sides can present testimony and evidence. If the judge issues a longer-term order, it can last from one to several years. Violating a protective order is itself a criminal offense and can trigger additional charges.
Firearm Restrictions
Federal law prohibits anyone subject to a qualifying protective order from possessing firearms or ammunition. Under 18 U.S.C. § 922(g)(8), the prohibition applies when the order was issued after a hearing where the respondent had notice and a chance to participate, when it restrains the person from stalking or threatening an intimate partner or their child, and when it either includes a finding of credible threat or explicitly prohibits the use of physical force.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This is federal law and applies regardless of state gun laws.
The practical effect: once a qualifying order is in place, the person subject to it must surrender any firearms they possess. Selling or transferring a firearm to someone known to be subject to such an order is also a federal crime.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons The restriction lasts as long as the order remains active.