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 Louisiana, stalking is defined as the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking behaviors can include physical surveillance, unwanted communication or contact, and the use of technology to monitor or harass the victim. Louisiana law (La. R.S. 14:40.2) considers stalking a crime and provides for both misdemeanor and felony charges depending on the circumstances, including the use of electronic devices to facilitate stalking. Cyberstalking is specifically addressed under Louisiana law (La. R.S. 14:40.3) and includes actions such as email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking to monitor the victim. Penalties for stalking in Louisiana can include fines, imprisonment, and restraining orders. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, and can impose further penalties when interstate commerce is involved or when protective orders are violated.