What is considered stalking by law?

The core elements

State definitions differ in wording, but most share the same building blocks:

• A course of conduct — two or more acts, not a single incident. The acts do not have to be identical: a series of unwanted texts, a visit to the victim's workplace and a message to a friend can together form the pattern.
• Directed at a specific person, sometimes including their family members or partner.
• Fear or distress — the conduct would cause a reasonable person to fear for their own or a family member's safety, or to suffer substantial emotional distress.
• Intent or knowledge — depending on the state, the stalker intended to cause fear, knew it would, or should have known.

An explicit threat is not required in most states. A person who silently follows someone day after day can be guilty of stalking without saying a word.

Common stalking behaviors

• Following the victim or showing up uninvited at home, work, school or the gym.
• Waiting or watching outside the victim's home.
• Repeated calls, texts, emails or social media messages after being told to stop.
• Sending unwanted gifts, letters or packages.
• Tracking location with GPS devices, AirTags or spyware on a phone.
• Creating fake accounts to contact the victim or spread information about them.
• Contacting the victim's friends, family or employer to gather information or harass.
• Damaging property or harming pets.

Cyberstalking

Most states now include electronic communication and surveillance in their stalking laws or have separate cyberstalking statutes. The federal interstate stalking law, 18 U.S.C. § 2261A, covers using the mail, the internet, phones or other interstate facilities to engage in a course of conduct that places someone in reasonable fear or causes substantial emotional distress. Secretly installing tracking devices or stalkerware is also a crime in many states on its own.

Stalking vs. harassment

Harassment laws usually cover annoying or alarming conduct that falls short of creating fear for safety. Stalking is more serious: it involves fear of harm or substantial distress and is often a felony, especially for repeat offenses, when a protective order is in place, when a weapon is involved, or when the victim is a minor. Many cases are charged as both.

What courts consider

The test is usually objective: would a reasonable person in the victim's position be afraid or distressed? Courts look at the history between the parties — stalking by a former partner, especially after a breakup, is treated as a serious warning sign — and at whether the person was told to stop. The Supreme Court held in Counterman v. Colorado (2023) that when a stalking prosecution is based on threatening statements, the state must show at least that the speaker recklessly disregarded that the words would be seen as threats.

What is not stalking

Lawful activities such as peaceful protest, news gathering, a process server delivering papers or a creditor making legally permitted collection calls are generally excluded. A single rude message or an isolated chance encounter is not a course of conduct.

Protective orders

Victims can seek a civil stalking protective order even if the stalker is a stranger or acquaintance rather than a partner. Violating the order is a separate crime and makes arrest much more likely.

What to do if you are being stalked

1. Tell the person once, clearly and in writing if safe, to stop all contact — then do not respond further.
2. Keep a log with dates, times, places and what happened; save screenshots, voicemails and photos.
3. Report to the police and ask for a report number each time.
4. Check phones, cars and accounts for tracking devices and change passwords.
5. Tell your employer, school or building security, and consider a protective order.

Victim advocates can help with safety planning. The National Domestic Violence Hotline (1-800-799-7233) and local victim service programs assist stalking victims, including in cases that do not involve a partner.

If you are accused

Stop all contact immediately, including through friends or social media, and speak to a criminal defense lawyer. Contact after being told to stop is often the strongest evidence in a stalking case.