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 Tennessee, stalking is defined under Tennessee Code Annotated § 39-17-315 and is considered a serious criminal offense. The law encompasses a range of behaviors that would cause a reasonable person to feel frightened, intimidated, or emotionally distressed. This includes, but is not limited to, spying on someone, waiting at a location for the victim, leaving unwanted items, and spreading information or rumors about the victim both online and offline. Cyberstalking is also addressed under Tennessee law, covering actions such as email spoofing, abusive text messaging or sexting, creating harassing social media posts, online impersonation, and using GPS technology to track someone without their consent. Stalking can be prosecuted under various degrees of severity, with penalties ranging from misdemeanors to felonies, depending on the circumstances and the presence of any aggravating factors, such as a protective order being in place or possession of a deadly weapon during the stalking. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to harass or intimidate, providing another layer of legal protection against such conduct.