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 Kansas, stalking is defined under Kansas Statutes Annotated (K.S.A.) 21-5427. It is considered a course of conduct targeted at a specific individual that would cause a reasonable person to fear for their safety or the safety of a member of their immediate family. Stalking behaviors can include following someone, monitoring them, appearing at their workplace or home, initiating unwanted communication, or any conduct that would cause a reasonable person to be afraid or suffer emotional distress. Kansas law also addresses cyberstalking, which involves using electronic means, such as email, social media, or GPS tracking, to harass or intimidate someone. This can include actions like sending unwanted messages, impersonating the victim online, or posting personal information. Both traditional and cyberstalking are criminal offenses in Kansas, and the state's laws are complemented by federal legislation, specifically 18 U.S.C. §2261A, which criminalizes stalking, including the use of electronic technology to commit the offense. The specific elements of the crime, such as the stalker's intent and the nature of the victim's fear, may vary, but both state and federal laws aim to protect individuals from these invasive and threatening behaviors.