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 Rhode Island, stalking is defined under Rhode Island General Laws § 11-59-2 as willfully, maliciously, and repeatedly following another person with the intent to place that person in reasonable fear of bodily injury or to cause substantial emotional distress to that person. The law recognizes various forms of stalking, including physical surveillance, unwanted contact, leaving items for the victim, and disseminating information about the victim. Cyberstalking is also addressed under Rhode Island law, encompassing the use of electronic communication to harass or intimidate, such as email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking. Violations of these statutes can result in criminal charges. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to harass or intimidate, providing a broader scope of protection that complements state laws. Victims of stalking in Rhode Island have recourse through both state and federal legal systems, and the specific circumstances of each case determine the applicable statutes and potential legal remedies.