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 South Dakota, stalking is defined under SDCL 22-19A-1 as willfully, maliciously, and repeatedly following or harassing another person with the intent to place that person in reasonable fear of death or great bodily injury, or to cause substantial emotional distress to the person or a member of their immediate family. The statute encompasses various forms of stalking, including physical surveillance and the use of technology to harass or intimidate, such as cyberstalking. This includes actions like email spoofing, text messaging, using social media to harass or impersonate the victim, and employing GPS devices to track the victim's movements. Stalking is a crime that can be charged as a misdemeanor or a felony in South Dakota, depending on the circumstances, such as the presence of a protection order or a prior conviction for stalking. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, making it unlawful to use electronic communication to place a person in fear of death or serious bodily injury or to cause substantial emotional distress. The specific charges and penalties for stalking offenses can vary based on the severity of the conduct and any prior offenses.