Federal Stalking Laws Explained

Stalking Is Also a Federal Crime

The Office of Justice Programs states that stalking is a crime in all 50 states and at the federal level. Federal law doesn't replace state law. It adds a layer for cases that cross state lines, involve federal territory, or use certain communication systems.

Federal stalking provisions were added in 1996 as part of the Violence Against Women Act and have been updated since, including in 2013 and later reauthorizations. The Department of Justice describes the interstate provisions on its victim-witness page.

The Main Statute: 18 U.S.C. 2261A

Section 2261A is the core federal stalking law. It has two main parts.

• Travel-based stalking. It is a crime to travel in interstate or foreign commerce, or to enter or leave Indian country, with intent to kill, injure, harass, intimidate, or place someone under surveillance, and then to engage in conduct that puts the person in reasonable fear or causes substantial emotional distress.
• Electronic stalking. It is a crime to use the mail, an interactive computer service, an electronic communication service or system, or any facility of interstate or foreign commerce to engage in a course of conduct with that same intent and effect.

Read federal cyberstalking law for the electronic part in more detail.

What Prosecutors Must Show

Although the statute's wording is technical, the elements track the common stalking framework.

• Interstate element. Travel across state lines, or use of an interstate facility such as the internet or phone network.
• Intent. Intent to kill, injure, harass, intimidate, or place someone under surveillance.
• Course of conduct. A pattern of behavior, not a single act.
• Effect. The conduct puts the person, an immediate family member, a spouse, or an intimate partner in reasonable fear of death or serious bodily injury, or causes, attempts to cause, or would reasonably be expected to cause substantial emotional distress.

The Department of Justice's summary of federal violence against women statutes discusses these elements. See course of conduct and intent in stalking cases.

Violating a Protection Order Across State Lines

Federal law also makes it a crime to travel across state lines, or enter or leave Indian country, with the intent to violate a protection order and then to engage in that conduct. This is 18 U.S.C. 2262. The covered orders protect against violence, threats, harassment, contact, or physical proximity.

This matters because a protective order from one state is generally honored in others. A person cannot avoid an order by crossing a state line. Learn more in protection against stalking.

Threats Sent Across State Lines

Separate federal laws address threatening communications. Section 875(c) of Title 18 makes it a crime to transmit in interstate or foreign commerce a communication that contains a threat to injure another person. Courts have required prosecutors to prove a culpable mental state. Read interstate threats and threatening communications.

Harassing Calls and Messages

Federal telecommunications law also addresses harassing communications. Section 223 of Title 47 covers certain obscene or harassing calls in interstate or foreign communications, among other provisions. It is not usually the first charge in a stalking case, but it can be relevant to repeated harassing calls.

When Federal Charges Are Used

Federal prosecutors have limited resources and tend to focus on cases with clear federal connections.

• The stalker and victim are in different states or countries.
• The stalking involves significant internet activity across state lines.
• The stalker traveled to find the victim.
• The conduct involves a violation of a protection order across state lines.
• The conduct takes place on federal property or in Indian country.
• The case is serious, such as a threat of violence or repeated, escalating conduct.

Even when a case could be federal, many are handled by state authorities. You can report to local police and, for internet or interstate conduct, to the FBI's Internet Crime Complaint Center.

Penalties

Federal penalties depend on the harm caused. Penalties are higher when the victim suffers serious injury, when a dangerous weapon is used, or when the victim dies, and they can be significant. Because sentencing rules are detailed and change, read the statute and talk to an attorney for specifics.

How Federal and State Law Work Together

You don't have to choose between them. A single case may involve state charges and federal charges, and a civil protection order in state court. State law usually provides the faster, more accessible path for most victims, including protective orders. Federal law adds reach when the conduct crosses boundaries. Use our State Reporting Guide to find your state's process.

How to Report a Federal Stalking Crime

• Start with local police, who can document the crime and may involve federal partners.
• File an online complaint at the FBI's IC3 for internet-based crime.
• Contact your local FBI field office or use the FBI's tips site if you believe the conduct crosses state lines.
• Keep detailed records. Interstate and electronic elements are proven with logs, screenshots, and records. See how to keep a stalking log.

Federal or State: Which Applies to Me?

Most people don't need to choose. Start by reporting to local police, who can apply state law and involve federal agencies if appropriate. State law will almost always be the faster route to a protective order, and many states cover the same conduct as federal law. Federal law becomes especially relevant when the stalker is in another state or country, when the conduct runs mostly online, or when someone crosses state lines to violate an order. If you're unsure, describe the whole picture to police, including where each person was when each incident happened.

Common Fact Patterns in Federal Cases

These made-up examples show the kinds of situations that can raise federal issues.

• The out-of-state ex. A person moves to another state after a breakup and sends hundreds of threatening messages and creates fake accounts to harass their former partner.
• The traveler. A person drives across state lines to the victim's workplace after being served with a protection order.
• The online campaign. A person posts a victim's address and photos on forums and encourages strangers to harass them.
• The device. A person installs spyware on a former partner's phone and tracks their movements from another state.

Whether a case is prosecuted depends on the evidence, the seriousness of the conduct, and federal resources.

Victim Rights in Federal Cases

Once charges are filed in federal court, the Crime Victims' Rights Act (18 U.S.C. 3771) gives victims specified rights, including the right to be reasonably protected from the accused, to reasonable, accurate, and timely notice of public court proceedings and of the accused's release or escape, to be reasonably heard at proceedings involving release, plea, or sentencing, to confer with the government's attorney, and to be treated with fairness and respect for their dignity and privacy (U.S. Attorney's Office summary). These rights apply to the counts charged in federal court, so a federal victim-witness coordinator is the best person to explain how they apply to your case. The Office for Victims of Crime directory lists additional victim services in your state.

Questions to Ask If Your Case Goes Federal

• Who is the lead agent and prosecutor, and how do I reach them?
• Who is my victim-witness coordinator?
• What evidence do you need from me, and in what format?
• How will I be notified about court dates and the defendant's custody status?
• What should I do if the person contacts me again?
• Are there local services you can connect me with?

Keep records of every conversation, and continue to document new incidents. See how to keep a stalking log.

Federal law is a backstop for stalking that crosses borders. The foundation of your case is still your evidence.

Sources and further reading

• 18 U.S.C. 2261A (Stalking) - U.S. Code via GovInfo
• 18 U.S.C. 2262 (Interstate violation of protection order) - U.S. Code via GovInfo
• Interstate Stalking (U.S. Attorney's Office, N.D. Georgia)
• Federal Violence Against Women statutes and elements (DOJ Office on Violence Against Women)
• Stalking (Office of Justice Programs)
• U.S. Attorney's Office: Crime Victim's Rights (18 U.S.C. 3771)