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 New Jersey, stalking is defined under N.J.S.A. 2C:12-10 as purposely or knowingly engaging in a course of conduct directed at a specific individual that would cause a reasonable person to fear for their safety or the safety of a third person, or suffer other emotional distress. Stalking behavior can include actions such as spying, waiting at locations for the victim, leaving unwanted items, and posting information online to harass or intimidate. New Jersey law also recognizes cyberstalking, which involves the use of technology such as email spoofing, text messaging, social media harassment, online impersonation, and GPS tracking to stalk or harass an individual. Stalking is considered a crime and can be prosecuted under state law, with penalties varying based on the circumstances and whether it is a first or subsequent offense. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including the use of electronic means to commit the offense. It is important for individuals in New Jersey to understand that both state and federal laws provide mechanisms to address and penalize stalking and cyberstalking behaviors.