A Guide To U.S. Cyberstalking Laws By State
By Simon Lewis
Published:
Over 7.5 million people experience cyberstalking each year, and more than 80% of all stalking victims are tracked using technology.
If you’re feeling constantly watched, harassed or threatened by someone online, you might be a victim of cyberstalking. This form of harassment can leave you feeling trapped, scared and helpless, especially if it’s coming from someone you once trusted.
Almost 70% of cyberstalking victims report substantial emotional distress. The emotional toll of constant surveillance and unwanted contact can be overwhelming, making it hard to feel safe in daily life.
Understanding the state laws in your area that protect you from cyberstalking is crucial if you want to take action against the person stalking you.
This guide unpacks the cyberstalking laws of all 50 States of America. By becoming aware of these laws, you can recognise the signs of cyberstalking and take the necessary steps to protect yourself from further harm.
Understanding Cyberstalking
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Cyberstalking involves using technology to harass, threaten or intimidate someone. This can include persistent and unwanted contact through social media, email, text messages, or other online platforms.
Cyberstalkers may also monitor your online activities, steal your personal information, or spread false information about you.
In order for cyber-harassment or cyberstalking to be punishable as a criminal offense, it must cause the victim disturbance and substantial emotional distress or place them in reasonable fear of death or serious bodily injury.
They could also fear that the same thing may happen to a member of their immediate family or partner.
The federal law and some state laws aren’t always clear enough about what situations they apply to. For example, some laws don’t apply to situations where a person harasses or terrorizes another by posting messages in a chat room encouraging others to harass them if no threat is present.
Cyberstalking is punishable by up to 15 years in prison or a fine of up to $250,000, depending on the state where the offense is committed.
Common methods used by cyberstalkers
These are the most common ways cyberstalkers target victims:
- Persistent and unwanted contact: Repeatedly sending messages via social media, email, or text.
- Monitoring online activities: Tracking your social media profiles, online behavior, and interactions.
- Impersonation: Creating fake accounts to deceive and manipulate you or others.
- Spreading false information: Posting harmful rumors or false information about you online.
- Identity theft: Stealing personal information to access your financial accounts or create false identities.
- Threats and intimidation: Sending messages that threaten your safety or well-being.
The impacts of cyberstalking can be severe. Psychologically, it can cause anxiety, depression and constant fear. Financially, cyberstalking can lead to identity theft, fraud, and other losses.
Legally, proving harassment can be challenging, but knowing your rights can make a difference.
Cyberstalking Laws By State
Generally, cyberstalking involves using electronic communication to harass, threaten, intimidate, or cause emotional distress to another person.
Definitions and common elements
Here are some specific elements found in the definitions from different states:
- Harassment and emotional distress: Most states, especially Alabama, Arkansas, and Connecticut, define cyberstalking as conduct that causes substantial emotional distress.
- Fear for safety: Several states, like Arizona, Colorado, and Florida, include provisions where the conduct causes the victim to fear for their safety.
- Intention and malice: States like California and Georgia often require proof of intent to harass or cause distress.
- Course of conduct: Many states, including Massachusetts and New York, specify that cyberstalking involves a pattern or series of acts over time.
Below is a summary of cyberstalking state laws across the U.S.:
States with specific cyberstalking laws
| State | Definition | Penalties | Protective measure |
|---|---|---|---|
| Arizona | Any person who, with intent to harass, initiates communication or contact by means of electronic communication that causes a person to be terrorized, frightened, intimidated, threatened, harassed, or molested and that serves no legitimate purpose. | Class 3 or Class 5 felony; up to 2.5 to 7 years in prison. | Injunctions against harassment and orders of protection. |
| California | Willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Restraining orders. |
| Florida | Engaging in a course of conduct to communicate or cause to be communicated words, images, or language by electronic mail or electronic communication directed at a specific person, causing substantial emotional distress. | Misdemeanor; up to 1 year in jail, fines up to $1,000. Felony for aggravated cyberstalking cases. | Injunctions for protection. |
| Georgia | The use of electronic communication to harass, intimidate, or cause emotional distress to another person. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Illinois | Using electronic communication to engage in a course of conduct that causes a reasonable person to fear for their safety or suffer emotional distress. | Class A misdemeanor or Class 4 felony; up to 1 year in jail for misdemeanors or 1 to 3 years for felonies. | Orders of protection. |
| Indiana | Using electronic communication to harass, annoy, or alarm another person with the intent to cause substantial emotional distress. | Class A misdemeanor; up to 1 year in jail, fines up to $5,000. Class D felony for aggravated cases. | Protective orders. |
| Maryland | The use of electronic communication to maliciously engage in a course of conduct that alarms or seriously annoys another person. | Misdemeanor; up to 1 year in jail, fines up to $5,000. Felony for repeat offenses. | Protective orders. |
| Michigan | The repeated and intentional harassment or intimidation of another person through electronic communication that causes emotional distress. | Misdemeanor or felony; up to 93 days in jail for misdemeanors or up to 5 years for felonies. | Personal protection orders. |
| Minnesota | Using electronic communication to engage in a course of conduct that causes a reasonable person to feel frightened, threatened, oppressed, persecuted, or intimidated. | Misdemeanor or gross misdemeanor; up to 1 year in jail for misdemeanors or 1-5 years for gross misdemeanors. | Restraining orders. |
| New York | Engaging in a course of conduct using electronic communication that causes a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 4 years for felonies. | Orders of protection. |
| Ohio | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer emotional distress. | Misdemeanor or felony; up to 6 months to 5 years in prison. | Protective orders. |
| Oregon | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor; up to 1 year in jail, fines up to $6,250. Felony for repeat offenses. | Restraining orders. |
| Pennsylvania | Using electronic communication to repeatedly harass, annoy, or alarm another person causing substantial emotional distress. | Misdemeanor; up to 5 years in prison, fines up to $10,000. | Protection from abuse orders. |
| Texas | Using electronic communication to engage in a course of conduct that would cause a reasonable person to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| Virginia | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Washington | Using electronic communication to make repeated threats or harassment that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protection orders. |
States with general harassment or stalking laws that include cyberstalking
| State | Definition | Penalties | Protective measure |
|---|---|---|---|
| Alabama | Any person who, with intent to harass, initiates communication or contact by means of electronic communication that causes a person to be terrorized, frightened, intimidated, threatened, harassed, or molested and that serves no legitimate purpose. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| Alaska | Knowingly engaging in a course of conduct that recklessly places another person in fear of death or physical injury by means of an electronic communication device. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Arkansas | The use of any electronic device to communicate a message with the purpose of harassing, annoying, or alarming another person without legitimate purpose. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 6 years for felonies. | Protective orders. |
| Colorado | The use of any form of communication to make repeated threats or harassment that would cause a reasonable person to suffer serious emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 3 years for felonies. | Protective orders. |
| Connecticut | Harassment, including electronic communication causing fear or distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Delaware | Intentionally engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Hawaii | Any electronic communication with the intent to harass, annoy, or alarm another person or cause substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Idaho | The use of electronic communication to engage in a course of conduct that seriously alarms, annoys, or harasses another person and serves no legitimate purpose. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 14 years for felonies. | Protective orders. |
| Iowa | Using electronic communication to engage in a course of conduct that causes substantial emotional distress to another person and serves no legitimate purpose. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Kansas | The use of electronic communication to harass, alarm, or annoy another person causing substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 7 years for felonies. | Protective orders. |
| Kentucky | Using electronic communication to engage in a course of conduct that causes substantial emotional distress to another person and serves no legitimate purpose. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Louisiana | The use of electronic communication to harass, intimidate, or cause emotional distress to another person, causing reasonable fear for their safety. | Misdemeanor; penalties not specified. Felony for repeat offenses. | Protective orders. |
| Maine | Engaging in a course of conduct using electronic communication that would cause a reasonable person to suffer serious emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Massachusetts | Willfully and maliciously engaging in a pattern of conduct or series of acts over a period of time using electronic communication that causes a targeted person to suffer substantial emotional distress. | Misdemeanor or felony; up to 2.5 years in jail for misdemeanors or up to 10 years for felonies. | Harassment prevention orders. |
| Mississippi | The use of electronic communication to threaten, harass, or intimidate another person, causing emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| Missouri | Knowingly engaging in a course of conduct using electronic communication that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 7 years for felonies. | Protective orders. |
| Montana | Using electronic communication to engage in a course of conduct that causes a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| Nebraska | Using electronic communication to engage in a course of conduct that places another person in reasonable fear for their safety or causes substantial emotional distress. | Class I misdemeanor; up to 1 year in jail, fines up to $1,000. | Harassment protection orders. |
| Nevada | Using electronic communication to engage in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. | Misdemeanor or felony; up to 6 months in jail for misdemeanors or up to 6 years for felonies. | Protective orders. |
| New Hampshire | Using electronic communication to repeatedly harass or intimidate another person causing emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 7 years for felonies. | Protective orders. |
| New Jersey | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer emotional distress. | Misdemeanor or felony; up to 6 months in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| New Mexico | Using electronic communication to engage in a pattern of conduct that would cause a reasonable person to fear for their safety or suffer emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| North Carolina | Using electronic communication to threaten, harass, or intimidate another person causing emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| North Dakota | Using electronic communication to engage in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Oklahoma | Using electronic communication to threaten, harass, or intimidate another person causing emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| Rhode Island | Using electronic communication to engage in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| South Carolina | Using electronic communication to engage in a pattern of conduct that causes a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
| South Dakota | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Class 1 misdemeanor; up to 1 year in jail, fines up to $2,000. | Restraining orders. |
| Tennessee | Using electronic communication to engage in a course of conduct that causes a reasonable person to fear for their safety or suffer emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 15 years for felonies. | Protective orders. |
| Utah | Using electronic communication to repeatedly engage in a course of conduct that causes a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Vermont | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| West Virginia | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 5 years for felonies. | Protective orders. |
| Wisconsin | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 1 year in jail for misdemeanors or up to 6 years for felonies. | Protective orders. |
| Wyoming | Using electronic communication to engage in a course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. | Misdemeanor or felony; up to 6 months in jail for misdemeanors or up to 10 years for felonies. | Protective orders. |
The Differences in Cyberstalking Laws in the United States
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There are some key differences between cyberstalking laws from one state to another:
Penalties
Penalties for cyberstalking vary widely from misdemeanors to felonies, with differences in jail time and fines:
- Misdemeanor penalties:
- Idaho: Up to one year in jail and fines up to $1,000.
- Kentucky: Up to 90 days in jail and fines up to $250.
- Virginia: Up to one year in jail and fines up to $2,500.
- Felony penalties:
- Delaware: Classified as a Class C felony, punishable by up to 15 years in prison.
- Illinois: A Class 4 felony, punishable by one to three years in prison and fines up to $25,000.
- California: Up to five years in state prison for aggravated offenses.
The Key Differences Between a Misdemeanour and a Felony
Misdemeanor: This is generally considered a less serious crime. It usually results in less severe penalties, such as fines or imprisonment for up to one year, often served in a local jail.
Felony: A more serious crime, typically resulting in harsher penalties, such as imprisonment for more than one year, often served in a state prison. Felonies can also include significant fines and long-term consequences like loss of voting rights or professional licenses.
Protective measures
Victims of cyberstalking can seek certain forms of protection, such as restraining orders and protection orders:
- Restraining orders: These are available in many states, including Alabama, California, and Michigan, and they provide immediate protection.
- Injunctions against online harassment: These are specific to states like Arizona, prohibiting electronic contact.
- Protection orders: States like Delaware and Pennsylvania offer protection from abuse orders, often covering a wide range of protective measures.
Understanding the Different Protective Measures
Restraining orders: These are legal orders issued by a court to prevent an individual from contacting or approaching another person, often due to threats or violence.
Injunctions against harassment: These are court orders that prohibit a person from engaging in specific harassing behaviors, such as unwanted contact or threats, aimed at protecting the victim's safety and peace of mind.
Protection orders: Legal documents that provide protection to individuals from abuse, stalking, or harassment by legally requiring the abuser to stay away from the victim and stop any harmful actions.
States that stand out
There are some states that have certain definitions, penalties, and protective measures that stand out from the rest. These include:
1. Alabama:
- Definition: Includes a broad range of intents such as terrorizing, frightening, and molesting.
- Penalties: Classified as a Class C felony with severe penalties, including up to 10 years in prison.
- Protective measures: Emphasis on temporary restraining orders for immediate protection.
2. California:
- Definition: Requires willful, malicious, and repeated behavior.
- Penalties: Differentiates between misdemeanor and felony based on prior convictions.
- Protective measures: Includes civil harassment orders and mandates no-contact provisions.
3. Florida:
- Definition: Emphasizes causing substantial emotional distress through electronic communication.
- Penalties: Differentiates between misdemeanor and aggravated cyberstalking, with the latter being a felony.
- Protective measures: Includes specific injunctions against stalking, providing robust protections.
4. Massachusetts:
- Definition: Focuses on a pattern of conduct causing substantial emotional distress.
- Penalties: Treats cyberstalking as a misdemeanor or a felony, with severe penalties including up to five years in state prison.
- Protective measures: Victims can seek harassment prevention orders, offering comprehensive protection.
5. Texas:
- Definition: Broadly defines cyberstalking to include various forms of harassment and annoyance.
- Penalties: This starts as a Class B misdemeanor but can escalate to felony charges from repeat offenses.
- Protective measures: Victims can obtain restraining orders, ensuring robust legal protections.
Summary
While there is a general consensus on cyberstalking, there are significant differences in each state’s definitions, penalties, and protective measures.
The difference in cyberstalking laws across the United States highlights the complexity of addressing this modern form of harassment.
This shows the importance of understanding state-specific laws, especially for victims who want to take legal action and get protection.
What to Do if You Are Being Cyberstalked
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If you suspect you’re being cyberstalked, there are several steps you can take to gather evidence and stop this from happening:
- Document everything: Keep records of all unwanted electronic communications, including screenshots, emails, and messages. This evidence can be crucial if you decide to take legal action.
- Enhance privacy settings: Adjust your social media and online privacy settings to limit the information stalkers can access.
- Report cyberstalking to authorities: Contact your local law enforcement agency to report the stalking. Provide them with all the documentation you have gathered.
- Seek legal protection: Consider obtaining a restraining order or protective order against the stalker. This can legally prevent them from contacting you.
- Reach out for support: Talk to friends, family, or professional counselors for emotional support and practical advice on handling the situation.
- Call 911: If you are in any immediate danger, you should contact emergency services right away.
Staying Safe Online
Understanding the legal landscape of cyberstalking across the United States is crucial for protecting yourself and your loved ones.
Each state has its own definitions, penalties, and protective measures, but the common goal is to protect victims from harassment and intimidation.
If you or someone you know is experiencing cyberstalking, it’s important to seek help and understand your legal rights.
For more information on how to protect yourself and ensure your digital safety, visit Certo Software. Certo helps you keep your cell phone safe from spyware and other malicious software that can be used for cyberstalking.
Cover Image by Freepik
By Simon Lewis
Co-founder of Certo Software, Simon has spent over 15 years pioneering cybersecurity solutions. A respected industry expert, he continually shares his wealth of knowledge through engaging discussions and insightful written pieces.