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 Minnesota, stalking is defined under Minnesota Statutes Section 609.749 as conduct where someone engages in a pattern of behavior or repeated acts that would cause a reasonable person to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction in the victim. This includes, but is not limited to, behaviors such as spying, waiting at places for the victim, leaving unwanted items, and posting or spreading information about the victim. Cyberstalking is also covered under this statute, encompassing the use of technology such as email spoofing, text messaging, social media harassment, online impersonation, and GPS tracking to harass or intimidate a victim. Stalking is a serious offense in Minnesota and can result in misdemeanor or felony charges, depending on the circumstances, with penalties that can include fines and imprisonment. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including the use of electronic means to commit the act, providing another layer of legal protection against such behavior.