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 York, stalking is considered a serious crime and is addressed under New York Penal Law Article 120. Stalking is defined as intentionally engaging in a course of conduct directed at a specific person that is likely to cause reasonable fear of material harm to the physical health, safety, or property of such person, a family member, or someone with whom the victim has an acquaintance. This includes behaviors such as spying, waiting at locations to make unwanted contact, leaving unwanted items, and spreading information or rumors about the victim. Cyberstalking is also a criminal offense in New York and encompasses the use of electronic communication to harass or threaten an individual. This can involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking devices. Both state statutes and federal law, including 18 U.S.C. §2261A, criminalize stalking and cyberstalking, with specific provisions addressing the use of technology to commit these offenses. The exact charges and penalties for stalking in New York can vary based on the severity of the conduct and the harm caused to the victim.