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 Idaho, stalking is defined under Idaho Code § 18-7905 as a course of conduct that seriously alarms, annoys, or harasses the victim and serves no legitimate purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress or to feel fear for their safety or the safety of someone else. This includes behaviors such as spying, waiting at locations for the victim, leaving unwanted items, and disseminating information about the victim both online and offline. Cyberstalking is also recognized as a form of stalking in Idaho and can involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking devices. Stalking is a crime in Idaho and can be charged as a misdemeanor or felony depending on the circumstances, such as the stalker's intent, any prior convictions for stalking, and the level of fear or emotional distress caused to the victim. Additionally, federal law under 18 U.S.C. § 2261A criminalizes stalking, including the use of technology to harass or intimidate, and provides for severe penalties when interstate commerce is involved.