Current and proposed cyberstalking statutes

This research package presents information on legal issues and legislation concerning attempts to prevent people from stalking, threatening and harassing others through computer communications.

• Analysis: Many state legislators take aim at cyberstalkers,
  by David Hudson

The first state to pass laws specifically addressing real-life stalking was California in 1990.¹ By 1995 all 50 states and the District of Columbia had enacted stalking laws.²

To date, North Carolina is the only state to adopt a statute explicitly devoted to cyberstalking.³ Ten states specifically address electronic communications in their stalking statutes⁴ and 16 states refer to electronic communications in their harassment statutes.⁵ Louisiana's stalking statute criminalizes only electronic stalking of children.⁶ Still other states have stalking or harassment statues that are technologically neutral and could possibly cover cyberstalking crimes.⁷

There are many similarities in the legislation. Most statutes require some intent or knowing activity on the part of the alleged stalker or harasser. Most also define a "course of conduct" as repeated acts of non-consensual contact or a pattern of acts. Additionally, most states classify stalking or harassment as a misdemeanor unless it results in injury or is continually repeated.
Some statutes, however, are more specific. Some statutes, for example, explicitly exclude legitimate or constitutionally protected conduct from the reach of the statute. Others apply to anonymous communications.

There is also federal legislation that is applicable to cyberstalking. Most recently, on Oct. 28, 2001, President Clinton signed the Violence Against Women Act of 2000 into effect.⁸ This act extends the federal stalking statute to stalking that occurs by mail, telephone or Internet.⁹ Similarly, the technologically neutral general threats statute¹⁰ may be useful in pursuing a cyberstalking claim.

In addition, as recently as March, there have been numerous bills introduced throughout the nation that target cyberstalking.

They various types of legislation that do or might cover cyberstalking are listed below. A brief description of recently proposed legislation follows as well. A list of helpful resources is also included.

I. Current state cyberstalking statutes

II. State stalking statutes that explicitly address electronic communications

III. State harassment laws that explicitly address electronic communications

IV. State stalking statutes where the electronic communication provision applies only to the stalking of children

V. Federal statutes that address cyberstalking

VI. Recently proposed cyberstalking legislation

VII. Other resources