Federal Cyberstalking Law: 18 U.S.C. 2261A and Related Statutes

Federal Law Covers Electronic Stalking

Federal law doesn't use the word "cyberstalking" as a charge. Instead, the electronic provisions of 18 U.S.C. 2261A cover stalking that uses technology. The law covers use of the mail, an interactive computer service, an electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce.

In practice, that includes the internet, social media, email, text messages, phone networks, and many apps and services. The Department of Justice summarizes the law on its interstate stalking page.

What the Statute Requires

The electronic provision has three parts.

• A means: the use of the mail, a computer service, an electronic communication service, or another interstate facility.
• Intent: to kill, injure, harass, intimidate, or place someone under surveillance with intent to kill, injure, harass, or intimidate.
• A course of conduct with a required effect: conduct that places the person, an immediate family member, a spouse, or an intimate partner in reasonable fear of death or serious bodily injury, or that causes, attempts to cause, or would reasonably be expected to cause substantial emotional distress.

Read course of conduct in stalking and fear and emotional distress in stalking cases.

How the Law Changed

The Violence Against Women Reauthorization Act of 2013 rewrote the federal stalking statute, and the Department of Justice described the rewrite as part of updating the law. The text in force today covers use of the mail, any interactive computer service or electronic communication service or system of interstate commerce, or any other facility of interstate or foreign commerce, and it reaches a course of conduct that causes, attempts to cause, or would reasonably be expected to cause substantial emotional distress. A 2018 amendment added a person's pet, service animal, emotional support animal, or horse to the harms the statute covers.

Earlier versions used narrower wording, and the changes reflect how stalking works in practice.

Examples of Conduct That Can Be Covered

Whether a specific act is covered depends on the facts, but conduct that may be covered when part of a course of conduct includes:

• Repeated threatening or harassing emails, texts, or direct messages.
• Posting threats or harassment on social media.
• Creating fake profiles to impersonate or harass someone.
• Using spyware, trackers, or hacked accounts to monitor a person.
• Publishing a person's private information to invite harassment.
• Contacting a person's family, friends, or employer to harass or frighten them.

See electronic stalking and what is cyberstalking.

Related Federal Laws

• Threat statutes. Section 875(c) of Title 18 covers threats transmitted in interstate or foreign commerce. See interstate threats and threatening communications.
• Harassing communications. Section 223 of Title 47 addresses certain obscene or harassing communications.
• Computer crime laws may apply to unauthorized access to accounts or devices.
• Identity theft laws may apply when someone uses your identity.

How State Law Fits In

Every state has stalking or harassment laws that can apply to online conduct, and many address electronic stalking directly. State law is often faster and more accessible, especially for protective orders. Federal law is typically used for serious cases with a clear interstate dimension. Check protection against stalking and your state's guide in the State Reporting Guide.

What Evidence Matters in Cyberstalking Cases

Because the law focuses on conduct and effect, evidence should show both.

• Records of each contact: screenshots with full web addresses, usernames, dates, and times.
• Account and message details that help identify the sender.
• A timeline that shows the pattern and any escalation.
• Evidence of the effect on you, such as changes to your routine, missed work, and fear.

Read evidence that holds up in court and use the Evidence Auditor.

How to Report

• Local police: file a report, and bring your evidence. See how to report stalking.
• FBI IC3: file a complaint with the Internet Crime Complaint Center for internet crime and cross-state conduct.
• Platforms: report abusive accounts and content using the Social Media Reporting Guide.
• Consider an attorney to discuss civil remedies.

What Federal Law Can't Do

Federal law cannot guarantee a quick response. Federal agencies have limited resources and often focus on cases with serious harm or a strong interstate element. Many cyberstalking victims never see a federal case. That doesn't make your situation less real. Strong local reports, protective orders, and platform reports are often the fastest tools. Use federal reporting channels in addition, not instead.

Scenarios and How the Law Looks at Them

These made-up examples show how conduct might be analyzed. They are not legal advice or predictions.

• Repeated hostile messages from another state. A person sends dozens of frightening messages per week for months after being told to stop. This pattern fits the "course of conduct" and "substantial emotional distress" elements, and the use of the internet satisfies the interstate-facility element.
• A single angry message. One rude message, with no pattern, probably does not meet the statute.
• Fake profiles and doxxing. A person creates profiles to impersonate a victim and posts the victim's address to invite harassment. That can be part of a course of conduct, and it may also violate other laws.
• Spyware. A person secretly installs software on a partner's phone to track them. It may support stalking charges and separate computer crime charges.

Anonymity and Attribution: How Investigators Identify Senders

Many cyberstalkers use anonymous accounts. Investigators can sometimes identify them through legal process.

• Preservation requests ask a company to keep records while an investigation proceeds.
• Subpoenas, court orders, and warrants can require companies to produce account and connection information, depending on the type of data and the legal standard.
• Technical evidence, such as connection logs, device information, and patterns of behavior, can help connect accounts to a person.

This takes time and requires official authority. Don't try to unmask the person yourself, which can be risky and may harm a case. Report and preserve evidence.

What Platforms Can and Can't Do

Platforms can remove content, suspend accounts, and sometimes preserve records for law enforcement. They generally cannot stop a determined person from creating new accounts, and they usually respond to reports, not to a victim's description alone. Report each account, save confirmations, and give police the report details. See the Social Media Reporting Guide.

Cross-Border Cases

If the stalker is outside the United States, investigation and prosecution become more difficult, and success depends on cooperation between countries. You can still report to local police and the FBI, preserve evidence, secure your accounts, and use platform tools. Protective orders can be difficult to enforce abroad, so safety planning and digital security matter even more.

Practical Steps If You Are Being Cyberstalked Across State Lines

If the person who is harassing you lives in another state, a few steps keep your options open. Report to your local police and ask for a report number, even if officers say they can't act outside their area, because a local report creates the record that other agencies rely on. File a complaint with the FBI's Internet Crime Complaint Center. Keep every message and account detail, along with the dates and times, and note where you and the sender were when each incident happened if you know. Tell your employer or school, and ask whether protective orders can be sought in your state. If you move, keep a certified copy of any order with you.

The law now reaches stalking that happens through a screen. Your evidence is what lets it reach your case.

Sources and further reading

• 18 U.S.C. 2261A (Stalking) - U.S. Code via GovInfo
• Interstate Stalking (U.S. Attorney's Office, N.D. Georgia)
• Violence Against Women Reauthorization Act of 2013 - changes to stalking prosecutions (DOJ)
• FBI Internet Crime Complaint Center (IC3)
• 47 U.S.C. 223 (Obscene or harassing telephone calls) - U.S. Code via GovInfo