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 Michigan, stalking is defined under MCL 750.411h and 750.411i, and it is considered a serious criminal offense. Stalking involves a pattern of behavior that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. This can include actions such as repeatedly following or appearing within the sight of that person, approaching or confronting that person in a public place or on private property, appearing at the workplace or residence of that person, entering or remaining on property owned, leased, or occupied by that person, contacting that person by telephone, sending mail or electronic communications to that person, or placing an object on, or delivering an object to, property owned, leased, or occupied by that person. Cyberstalking, which involves the use of technology to stalk, is also covered under these statutes. Penalties for stalking in Michigan can range from misdemeanors to felonies, depending on the severity of the conduct and whether there are aggravating factors such as a prior conviction or the presence of a restraining order. Federal law also criminalizes stalking, including cyberstalking, under 18 U.S.C. §2261A, providing additional avenues for prosecution and emphasizing the seriousness of these offenses.