Jurisdiction

Alaska § 11.41.270 — Stalking in the Second Degree:

(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury…

(b)(1) "Course of conduct" means repeated acts of nonconsensual contact involving the victim…

(b)(3) "Nonconsensual contact" includes:

(F) Sending mail or electronic communications to that person.

(Constitutionality: "The potential due process and overbreadth problems in the definition of stalking do not require invalidation of the stalking statutes; rather those problems should be resolved on a case-by-case basis. Peterson v. State, 930 P. 2d 414 (Alaska Ct. App. 1996)

California Penal Code § 646.9 —- Stalking:

(a) Any person who willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety,…is guilty of the crime of stalking…

(g) "Credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device,…

(h) "Electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers.

(Constitutionality: "The statute prohibiting stalking is not unconstitutionally overbroad or vague. Its application is clearly limited to threats that find no protection under the First Amendment and, as such, it does not implicate a substantial amount of constitutionally protected conduct." People v. Borrelli, (2000, 5th Dist.) 77 Cal. App. 4th 703, 717, 91 Cal. Rptr. 2d 851.) See also, People v. Halgren (1996, 4th Dist.) 52 Cal. App. 4th 1223, 61 Cal. Rptr. 2d 176 ("The felony stalking statute is not overbroad and sufficiently narrowly tailored to survive constitutional scrutiny.")

Official Code of Georgia Ann. §16-5-90 —- Stalking:

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing or intimidating the other person. …The term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.

(Constitutionality: "This section is not unconstitutionally vague or overbroad." Johnson v. State, 264 Ga. 590, 449 S.E. 2d 94 (1994).)

Maine Revised Statutes § 210-A — Stalking:

1. A person is guilty of stalking if:

A. The person intentionally or knowingly engages in a course of conduct directed at another specific person that would in fact cause a reasonable person:

(1) To suffer intimidation or serious inconvenience, annoyance or alarm;

(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or

(3) To fear death or to fear the death of a member of that person's immediate family; and

B. The person's course of conduct in fact causes the other specific person to:

(1) To suffer intimidation or serious inconvenience, annoyance or alarm;

(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or

(3) To fear death or to fear the death of a member of that person's immediate family.

2.A. "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying oral or written threats, threats implied by conduct or a combination of threats and conduct directed at or toward a person. … "Course of Conduct" also includes, but is not limited to, gaining unauthorized access to personal, medical, financial or other identifying information, including access by computer network, mail, telephone or written communication. "Course of conduct" does not include activity protected by the Constitution of Maine, the United States Constitution, or Federal statute.

Massachusetts Ann. Laws ch. 265, § 43 — Stalking:

(a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking. Such conduct, acts and threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to electronic mail, internet communications, and facsimile communications.

Michigan Statutes Annotated §28.643(9) — Aggravated Stalking:

(d) "Harassment" means conduct directed toward a victim that includes, but is not limited to, repeated or continued unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(e) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to fee terrorized, frightened, intimidated, threatened, harassed, or molested.

(f) "Unconsented Contact" means any contact with another person that is initiated or continued without that individual's consent or in disregard for of that individual's expressed desire that the conduct be avoided or discontinued. Unconsented conduct includes, but is not limited to:

(vi) Sending mail or electronic communications to that individual.

(Constitutionality: "A Federal appeals court upheld Michigan's anti-stalking law, rejecting a convicted stalkers argument that the law was to vague and violated his free-speech rights." Source: AP, 2/06/01; http://www.freedomforum.org/templates/document.asp?documentID=12851)

21 Oklahoma St. § 1173 — Stalking:

(A) Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:

(1) Would cause a reasonable person … to feel frightened, intimidated, threatened, harassed, or molested; and

(2) Actually causes the person to feel frightened, intimidated, threatened, harassed, or molested, upon conviction shall be guilty of stalking …

(F)(1) "Harass" means conduct directed toward a person that includes, but is not limited to, repeated or continued unconsented contact, that would cause a reasonable person to feel suffer emotional distress, and that actually causes emotional distress to the victim. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(F)(4) "Unconsented Contact" includes, but is not limited to:

(f) sending mail or electronic communications to that individual.

Pennsylvania Consolidated Statutes § 5504 — Stalking by Communication or address:

(A.1) A person commits the crime of stalking by communication or address when the person engages in a course of conduct or repeatedly communicated to another under circumstances which demonstrate or communicate either of the following:

(1) An intent to place such other person in reasonable fear of bodily injury.

(2) An intent to cause substantial emotional distress to such other person.

(F) Definitions:

"Communicates." Conveys, without intent of legitimate communication or address, by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmission.

Washington Revised Code § 9A.46.110 — Stalking:

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

(a) He or she intentionally or repeatedly follows another person; and

(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be on that a reasonable person in the same situation would experience under all of the circumstances; and

(c) The stalker either:

(i) Intends to frighten, intimidate, or harass the person; or

(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

(4) … "Contact" includes, in addition to any other form of contract or communication, the sending of an electronic communication to the person.

(Constitutionality: "This section is not unconstitutionally overbroad nor unconstitutionally vague." State v. Lee, 82 Wn. App. 298, 917 P.2d 159 (1996), aff'd, 135 Wn.2d 369, 957 P.2d 741 (1998).)

Wyoming Stat. § 6-2-506 — Stalking:

(a)(ii) "Harass" means to engage in a course of conduct, including but not limited to verbal threats, written threats, vandalism or nonconsensual physical conduct, directed at a specific person …which the defendant knew or should have known would cause a reasonable person to suffer substantial emotional distress, and which does in fact seriously alarm the person toward whom it is directed.

(b) Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:

(i) Communicating, anonymously or otherwise, or causing a communication with another by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.

(Constitutionality: "The Wyoming stalking statute is not void for vagueness, nor is it subject to constitutional attack as being overbroad." Luplow v. State, 897 P.2d 463 (Wyo. 1995).