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 New York, stalking is considered a serious crime and is addressed under New York Penal Law Article 120. Stalking generally involves a pattern of behavior where an individual intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, knowing or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety, or property of such person, a member of such person's immediate family, or a third party with whom the person is acquainted. The law recognizes various degrees of stalking, ranging from fourth degree (a misdemeanor) to first degree (a felony), depending on factors such as the use of a weapon, the level of fear or injury caused, and prior convictions. Cyberstalking, which includes the use of electronic means such as email, social media, and GPS tracking to harass or track a victim, is also covered under these statutes. New York law is in line with federal law, which criminalizes stalking, including cyberstalking, under 18 U.S.C. §2261A. Victims of stalking in New York have the right to seek legal protection, including obtaining restraining orders against their stalkers.