Stalking Laws, Protection & What to Do

Stalking is a pattern of repeated, unwanted behavior directed at a specific person that causes fear, anxiety, or distress. A single incident is generally not enough — the key element is a course of conduct (a pattern of two or more acts). However, even a single act can constitute stalking in some jurisdictions if it involves a credible threat.

Common stalking behaviors include: following or surveilling you, repeatedly showing up at your home, workplace, school, or other locations, sending unwanted letters, emails, texts, or gifts, making unwanted phone calls (including hang-ups and silent calls), leaving objects or notes on your car or doorstep, monitoring your phone, computer, or social media accounts, using GPS trackers on your vehicle, installing spyware on your devices, creating fake social media profiles to contact or monitor you, contacting your friends, family, or coworkers to gather information about you, vandalizing your property, making threats against you or people you care about, and posting personal information or intimate images online without your consent.

Stalking is not about romance or persistence — it is about power and control. It is one of the most dangerous forms of interpersonal violence. According to the Bureau of Justice Statistics, approximately 3.4 million people in the United States are stalked each year. About 61% of female victims and 44% of male victims are stalked by a current or former intimate partner. Stalking frequently escalates, and approximately 76% of women killed by an intimate partner were stalked by that person before the murder.

Physical stalking involves following someone, showing up uninvited at their home or workplace, leaving unwanted items, or engaging in surveillance by watching from a distance, sitting in a parked car outside the victim's home, or taking photographs.

Cyberstalking uses technology to harass, threaten, or monitor a victim. This can include excessive emails, texts, and social media messages, hacking into accounts, installing spyware or keyloggers, using GPS or Bluetooth trackers (like AirTags), monitoring social media activity through fake accounts, posting threatening or harassing content online, and doxing (publishing the victim's personal information online). Cyberstalking is a federal crime under 18 U.S.C. 2261A(2) and is also illegal in all 50 states.

Stalking by proxy occurs when the stalker uses other people — friends, family members, private investigators, or even strangers — to monitor, follow, or contact the victim. The stalker may manipulate these third parties by lying about the situation or may openly recruit them.

Workplace stalking involves repeated, unwanted contact at or related to the victim's place of employment. This can include showing up at the workplace, calling or emailing the workplace, contacting coworkers, or making threats related to the victim's job.

Technology-facilitated surveillance includes placing GPS trackers on vehicles, using smart home devices (cameras, doorbells, thermostats) to monitor or control the victim, using shared cloud accounts to track location or read messages, and exploiting connected car features to track the victim's vehicle. This form of stalking has grown significantly with the proliferation of consumer tracking devices.

Federal law makes stalking a crime when it involves interstate travel, the use of mail or interstate communications (including the internet), or occurs within federal maritime or territorial jurisdiction.

18 U.S.C. 2261A criminalizes conduct that places a person in reasonable fear of death or serious bodily injury to themselves, their spouse or intimate partner, or an immediate family member, or causes, attempts to cause, or is reasonably expected to cause substantial emotional distress. The statute covers both physical stalking (traveling with the intent to injure, harass, intimidate, or surveille) and cyberstalking (using electronic communications, the internet, or any interactive computer service to engage in stalking conduct).

Penalties under federal law: a conviction under 18 U.S.C. 2261A carries up to 5 years in federal prison. If the stalking results in serious bodily injury to the victim, the penalty increases to up to 10 years. If the victim dies as a result, the penalty can be up to life imprisonment. Additional penalties apply for violations of protective orders across state lines under 18 U.S.C. 2262.

The Violence Against Women Act (VAWA), most recently reauthorized in 2022, strengthened federal stalking protections, expanded the definition to include cyberstalking and technology-facilitated abuse, and increased funding for victim services. The 2022 reauthorization also addressed the use of consumer tracking devices (like AirTags) for stalking purposes.

All 50 states, the District of Columbia, and U.S. territories have stalking laws, but they vary significantly in their definitions, elements, and penalties.

Most states define stalking as a course of conduct (a pattern of behavior) directed at a specific person that would cause a reasonable person to feel fear. The key variations across states include: whether a credible threat is required (some states require an explicit or implicit threat, while others only require conduct that causes fear), whether emotional distress alone is sufficient (some states require fear of physical harm, while others also cover substantial emotional distress), how "course of conduct" is defined (most require two or more acts, but the specific number and timeframe vary), and whether cyberstalking is addressed in the main stalking statute or in a separate statute.

Penalties by state: stalking is a felony in most states, at least for repeat offenses or aggravated circumstances. Many states classify first-offense stalking as a misdemeanor with enhanced penalties for: repeat offenses, stalking in violation of a protective order, stalking while armed, stalking a minor, and stalking that results in bodily injury. Some states (including California, Illinois, Michigan, and New York) have enhanced felony stalking statutes that carry sentences of 5 to 10 years or more for aggravated stalking.

Cyberstalking laws: as of 2026, all 50 states and DC have laws that address cyberstalking or online harassment, either within their general stalking statutes or through separate cyberstalking or cyberharassment laws.

Documentation is critical for obtaining a protection order, filing a police report, and building a criminal case. Here is how to create a strong record.

Keep a stalking log: write down every incident with the date, time, location, what happened, who was present, and how it made you feel. Be as specific as possible — "He was parked across from my apartment at 7:15 AM on March 3" is stronger than "He was outside my building." Include near-misses and incidents that seem minor — patterns matter.

Save all communications: do not delete texts, emails, voicemails, social media messages, or letters, even if they seem harmless. Take screenshots of social media posts, messages, and fake profiles. Save voicemails by forwarding them to your email or recording them. Print out and keep physical copies of important evidence in a safe location the stalker cannot access.

Photograph and video evidence: take photos of the stalker near your home or workplace (if safe to do so), any property damage, unwanted gifts or items left for you, GPS trackers or suspicious devices found on your car or belongings, and any injuries.

Save electronic evidence: if you find spyware or a GPS tracker, do not remove it immediately — document it first (photograph it, note the make and model) and consider having it examined by law enforcement or a digital forensics expert. Check your devices for unfamiliar apps or unusual battery drain that could indicate monitoring software.

Get witness statements: if friends, family, neighbors, or coworkers witness stalking behavior, ask them to write down what they saw and sign their statement. Their testimony can corroborate your account.

File police reports: report every incident to the police, even if they seem small. Ask for a copy of the report number each time. A pattern of filed reports creates an official record that strengthens your case. If the police do not take your report seriously, ask to speak with a supervisor, contact a victim advocate, or file a report with the district attorney's office.

Most states allow victims of stalking to petition for a civil protection order (also called a stalking protective order, harassment restraining order, or anti-stalking order), even if the stalker is not a current or former intimate partner.

Step 1 — Go to the courthouse. Visit your local court (usually family court, district court, or a specialized domestic violence court). Many courts have victim advocates or self-help centers that will assist you with the paperwork.

Step 2 — Fill out the petition. Describe the stalking behavior in detail — use your stalking log and include specific dates, times, and incidents. Explain why you fear for your safety. Attach any evidence you have (screenshots, photos, police reports).

Step 3 — Emergency order. A judge can issue an emergency (ex parte) protection order the same day without the stalker being present. This typically lasts 7 to 30 days depending on your state.

Step 4 — The stalker is served. Law enforcement or a process server will deliver the order and a notice of the hearing date to the stalker. You should never serve the papers yourself.

Step 5 — Full hearing. At the hearing, both you and the stalker can present evidence. If the judge grants a final order, it typically lasts 1 to 5 years and can be renewed. The order can require the stalker to: have no contact with you, stay a certain distance from your home, workplace, and school, surrender firearms (under federal law and many state laws), stop monitoring your communications and devices, and remove any tracking devices.

Important: Under federal law (VAWA), filing fees for stalking protection orders must be waived. You should not have to pay to file. If a court tries to charge you, ask about the fee waiver. You do not need a lawyer, but free legal help is available through legal aid organizations and victim advocacy programs.

If your stalker is tech-savvy, securing your devices and accounts is critical.

Check for GPS trackers: look under your car (wheel wells, bumpers, under the chassis), inside your purse or bag, and in your belongings. Apple AirTags and Tile trackers are small and easy to hide. If you have an iPhone, it will alert you to unknown AirTags traveling with you. Android users can download the "Tracker Detect" app. If you find a tracker, document it before removing it, and consider reporting it to police.

Check for spyware on your phone: signs include unusual battery drain, phone running hot, increased data usage, strange sounds during calls, and apps you did not install. If you suspect spyware, do not try to remove it yourself — it may alert the stalker. Instead, contact the Safety Net project at the National Network to End Domestic Violence (NNEDV) for tech safety assistance, or use a different, secure device for sensitive communications.

Secure your accounts: change all passwords using a device the stalker cannot access. Enable two-factor authentication on every account. Use a new, private email address for sensitive communications. Remove the stalker from shared cloud accounts (iCloud, Google, etc.). Check which devices are signed into your accounts and remove any you do not recognize. Check location sharing settings on your phone and apps.

Social media safety: review privacy settings on all platforms. Restrict who can see your posts, friends list, and location. Disable location tagging on posts and photos. Block the stalker and any accounts they create. Ask friends and family not to tag you or share your location.

Safe communication: consider using a prepaid phone or a phone from a domestic violence program for private calls. Use encrypted messaging apps (like Signal) for sensitive conversations. Be aware that regular SMS and phone calls may not be secure if the stalker has access to your phone plan.

A safety plan is a personalized strategy to reduce your risk. Here are key elements.

Vary your routines: change your route to work, the times you leave and arrive, where you park, and where you shop. Predictable patterns make you easier to follow.

Tell people you trust: inform your employer, coworkers, neighbors, building security, your children's school, and close friends about the situation. Give them a photo of the stalker and instructions to call the police if they see the stalker near you.

Workplace safety: ask your employer to screen your calls, escort you to your car, and call the police if the stalker shows up. Many states have laws that require employers to make reasonable accommodations for employees who are victims of stalking or domestic violence.

Home security: change your locks. Consider a security camera or video doorbell. Keep doors and windows locked. If you live in an apartment, ask management about security measures. Do not open the door without checking who is there first.

Keep important documents ready: have copies of your protection order, police reports, and emergency contacts in your car, at work, and with a trusted friend. Keep a go-bag with essentials in case you need to leave quickly.

Address confidentiality: most states have Address Confidentiality Programs (ACPs) that provide a substitute mailing address for stalking and domestic violence victims, so your real address does not appear in public records. Contact your state attorney general's office to apply.

Safety plan for children: if you have children, make sure their school or daycare has a copy of any protection order and knows who is and is not authorized to pick them up.

Stalking frequently extends to the workplace. Approximately 1 in 8 employed stalking victims lose time from work because of stalking, and some are forced to change jobs entirely.

Your rights at work: many states have laws that protect stalking victims in the workplace. These may include the right to take time off for court appearances, medical treatment, or safety planning; protection from being fired for issues related to being a stalking victim; and the right to reasonable workplace safety accommodations. As of 2026, at least 27 states have some form of employment protection for stalking victims.

What to ask your employer for: inform HR or your supervisor about the situation (you do not have to share all details). Ask to have your calls screened. Request a change in work schedule, workspace location, or parking spot if it would increase your safety. Ask about security escorts to your car. Provide HR with a copy of your protection order and a photo of the stalker. Ask that the stalker be banned from the premises.

If the stalker is a coworker: report the behavior to HR immediately. If your employer does not take adequate steps to protect you, contact your local Equal Employment Opportunity Commission (EEOC) office or a legal aid organization. Workplace stalking by a coworker may also constitute harassment under federal and state employment law.