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 Colorado, stalking is considered a serious crime and is addressed under Colorado Revised Statutes Section 18-3-602, also known as 'Vonnie's Law.' Stalking involves a pattern of behavior that would cause a reasonable person to feel fear for their safety or the safety of someone else, such as a family member. The behaviors that constitute stalking include, but are not limited to, repeated following, approaching, contacting, or placing under surveillance the targeted person, their family, or someone with whom they have a relationship. The law also encompasses cyberstalking activities, such as using technology to track, harass, or impersonate the victim. This includes email spoofing, sexting, misuse of social media, online impersonation, and GPS tracking. Stalking in Colorado can be charged as a felony and can result in significant penalties, including imprisonment and fines. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including the use of electronic means to commit the offense, providing a broader scope of protection that complements state laws.