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 California, stalking is defined under California Penal Code Section 646.9 as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family. Stalking behaviors can include actions such as spying, waiting at locations to make unwanted contact, leaving unwanted items, and posting harmful information online. Cyberstalking is also recognized as a form of stalking and can involve email spoofing, abusive text messaging, misuse of social media, online impersonation, and the use of GPS technology to track the victim. Both stalking and cyberstalking are criminal offenses in California, and the state's laws are designed to protect individuals from a pattern of behavior that causes fear, harassment, and emotional distress. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including the use of technology to facilitate stalking, providing a broader scope of protection against such behaviors.