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 Oregon, stalking is addressed under ORS 163.732 and ORS 163.730, which define stalking as knowingly alarming or coercing another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact. This includes following the person, maintaining surveillance on them, or any other actions that would cause a reasonable person to feel fear for their personal safety. The law also covers cyberstalking, which involves the use of electronic communications to harass or threaten. Stalking is a serious offense in Oregon and can be classified as either a misdemeanor or a felony, depending on the circumstances and whether a court order was violated. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including the use of electronic technology to harass or intimidate, which complements state law. Victims of stalking in Oregon have the right to seek restraining orders and other legal protections against their stalkers.