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 Kansas, stalking is defined under Kansas Statutes Annotated (K.S.A.) 21-5427. It is considered a course of conduct targeted at a specific individual which would cause a reasonable person to fear for their safety or the safety of a member of their immediate family. Stalking behaviors include, but are not limited to, following the victim, monitoring, surveillance, and communicating to or about a person in a manner that causes emotional distress. This also encompasses various forms of cyberstalking, such as using electronic means to harass or intimidate, including email spoofing, sexting, social media harassment, online impersonation, and GPS tracking. The state law addresses both physical stalking and electronic harassment, reflecting the broader federal law under 18 U.S.C. §2261A, which criminalizes stalking, including cyberstalking. Penalties for stalking in Kansas can vary based on the circumstances and can be elevated if there is a protective order in place or if the offender has prior convictions for stalking.