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 Alaska, stalking is defined under Alaska Statute § 11.41.270 and is considered a serious crime. Stalking involves a course of conduct that includes actions such as spying on, waiting for, or monitoring a specific person, and can extend to their family, friends, or associates. This conduct must be such that it would cause a reasonable person to fear for their safety, health, or well-being. Stalking can also involve leaving unwanted items or gifts, and disseminating harmful information about the victim through various means, including the internet. Cyberstalking is a form of stalking that uses technology to harass the victim, including email spoofing, text messaging, social media harassment, online impersonation, and GPS tracking. Both federal and state laws criminalize stalking and cyberstalking. Under federal law, stalking is addressed in 18 U.S.C. §2261A, which also includes provisions for cyberstalking. Alaska's laws also address electronic harassment, providing a legal framework to protect individuals from these invasive and harmful behaviors. The specific elements of the crime, such as the stalker's intent and the nature of the victim's fear, are detailed in the state's statutes, which may vary from the definitions and requirements under federal law.