Summary of US Anti Stalking Legislation and Harassment Law

Stalking is a crime of obsession, often associated with different types of psychopathology, including psychosis and severe personality disorders. Depending on the type of stalker, behavior may range from overtly aggressive threats and actions, to repeated phone calls, letters or approaches. Harassment and stalking may go on for years, causing the victim of stalking to exist in a constant state of stress and fear. The violent aspects of stalking behavior often escalate over time, and in extreme cases can end in murder (Douglas 1998).

Stalking Behavior

There are anti-stalking laws in place, both federal and state, designed to protect those being stalked. Under these laws, perpetrators can be charged with stalking for repeatedly:

• Following or appearing within the sight of another.
• Approaching or confronting another individual in a public or private place.
• Appearing at the work place or residence of another.
• Entering or remaining on an individual's property.
• Contacting a person by telephone.
• Sending postal mail or e-mail to another.

Although stalking behavior has no doubt been present throughout history, stalking laws are a relatively recent invention. The first anti-stalking legislation was passed by California in 1990, in the aftermath of the stalking and murder of actress Rebecca Schaffer.

Section 646.9 of the California Penal Code, states that a person is guilty of stalking when they, "willfully and maliciously and repeatedly follow or harass another person and make credible threats with the intent to place that person in reasonable fear for his or her safety or that of an immediate family member".

Federal Stalking Model

In 1992, the U.S. Congress enacted legislation requiring the Attorney General to conduct research on stalking and develop a "constitutional and enforceable" model anti-stalking code. The Project to Develop a Model Anti-Stalking Code for States resulted from this mandate, and was presented to the National Institute of Justice in October of 1993.

The code encouraged state governments to make stalking a felony offense and to establish penalties for stalking that reflect the seriousness of the crime. It also recommended that states provide criminal justice officials with the authority and legal tools to arrest, prosecute, and sentence stalkers.

Because the behavioral pattern of stalkers is often characterized by a series of increasingly serious acts, the model advised the use of a continuum of increasingly severe criminal charges, as well as the creation of a felony classification for stalking. By September of 1993, all 50 states and the District of Columbia had created some form of anti-stalking law.

Federal Stalking Laws

Congress passed the Violent Crime Control and Law Enforcement Act in the fall of 1994. A component of this crime bill, the Violence Against Women Act, included a provision that makes it a federal crime to cross a state line with the intention of injuring, harassing, or intimidating a spouse or intimate partner.

In 1996, Congress enacted a broader federal stalking law forbidding interstate stalking and stalking within federal jurisdiction. This law also expanded the Violence Against Women provisions to include all stalking victims, regardless of whether there was a previous relationship with the offender.

Stalking Crime

Too often victims do not fully appreciate the true danger of being stalked, and this can be a fatal mistake. If you feel uncomfortable with the repeated advances, gifts or communications of an "admirer," trust your instincts, and err on the side of caution. Become familiar with federal and state stalking laws, stalking statistics, and the many resources available to assist and protect stalking victims, such as the Stalking Resource Center and the Office of Justice Programs. All stalking is a crime and all stalkers should be considered dangerous.

Additional Resources

Douglas, J, and Olshaker, M. Obsession. Published by Scribner (1998).