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 Massachusetts, stalking is defined under General Laws Chapter 265, Section 43, which considers it a crime to willfully and maliciously engage in a pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress. The law also states that the actions must be such that they threaten the person's safety or the safety of their family or friends. Stalking in Massachusetts can be punished by imprisonment in the state prison for up to 5 years or by a fine and imprisonment in a house of correction for up to 2.5 years. Enhanced penalties can apply if the stalking occurs in violation of a restraining order, if the perpetrator has a prior stalking conviction, or if the victim is under 18. Cyberstalking is also addressed under Massachusetts law, where electronic harassment is considered a form of stalking, and it is illegal to use electronic devices to engage in a pattern of conduct that causes fear, intimidation, abuse, or damage to property. The use of technology, such as GPS tracking, email spoofing, and online impersonation, to harass or stalk a person is also covered under these laws. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, making it a federal offense to use any form of interstate communication to harass or intimidate someone, or to place them under surveillance with the intent to kill, injure, harass, or cause substantial emotional distress.