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 North Dakota, stalking is defined under North Dakota Century Code (NDCC) 12.1-17-07.1 as engaging in an intentional course of conduct directed at a specific individual which would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. This includes behaviors such as spying, waiting at locations to make unwanted contact, leaving unwanted items, and using electronic means to harass or intimidate, including cyberstalking. Cyberstalking can involve email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking devices. Stalking is a criminal offense in North Dakota and can be charged as a misdemeanor or felony depending on the circumstances, such as the presence of a protection order or if the behavior involves a weapon. Additionally, federal law under 18 U.S.C. §2261A also criminalizes stalking, including the use of technology to stalk, providing a broader scope of protection against such conduct.