Title 18 U.S. Code § 2261A defines stalking as a federal crime, a serious offense that should not be taken lightly. It states that stalking becomes a federal offense when someone crosses state lines or uses interstate commerce, such as the mail or internet, with the intent to kill, harm, harass, or intimidate another person.

The federal stalking and cyberstalking laws impose penalties for traditional stalking and using electronic communications to stalk someone.

The law specifies that the conduct must cause the victim to reasonably fear death or serious injury, or lead to significant emotional distress for the victim or their immediate family. Significant emotional distress is a legal term that refers to a level of emotional suffering that significantly disrupts a person's daily life or routine. 

Stalking is illegal in all states, but when it crosses state borders, occurs within U.S. territories or maritime areas, or uses U.S. mail or electronic communication across state lines, it can be prosecuted as a federal crime, often carrying harsher penalties. 

As internet and social media usage become more common, electronic communication has become routine, but this also facilitates crimes like stalking. Traditionally, stalking requires the perpetrator to be physically near the victim.

However, nowadays, many stalking cases involve electronic communication that persists in causing harm or emotional distress. Therefore, while stalking and cyberstalking differ in method, their effects on the victim remain similar.

Details of the Federal Stalking Law

In 1996, the Violence Against Women Act (VAWA) introduced an anti-stalking law to enhance protections for victims and address legal gaps. This law provides a strong shield against stalking, ensuring individuals' safety.

Known as the Interstate Stalking Punishment and Prevention Act, it made crossing state lines with the intent to harm or harass a person a federal offense. This law, codified as Title 18 U.S. Code 2261A, establishes harsher penalties and broadens the scope of "stalking" to include electronic communications. Other things to know about this law include:

• To be found guilty of federal stalking, prosecutors must prove that you engaged in a series of conduct—specifically, two or more acts of stalking—not just a single incident. Essentially, stalking involves a pattern of behavior rather than a single incident of harassment.
• Under the law, harassment involves repeatedly using words, actions, or conduct that have no valid purpose other than to annoy, alarm, or cause distress. For instance, repeatedly sending unwanted gifts or making unwanted phone calls without any legitimate reason could be considered harassment.
• If convicted of federal stalking, you could face up to five years in prison and a fine of up to $250,000. Ultimately, the court's penalties will depend on the seriousness of your offense.

What Does Section 2261A Say?

18 U.S.C. 2261A says, "Whoever (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—

(A) places that person in reasonable fear of the death of, or serious bodily injury to— (i) that person; (ii) an immediate family member (as defined in section 115) of that person; (iii) a spouse or intimate partner of that person; or (iv) the pet, service animal, emotional support animal, or horse of that person; or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—

(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A), shall be punished as provided in section 2261(b) or section 2261B, as the case may be."

What Type of Behavior is Prohibited?

Under 18 U.S.C. 2261A, a person commits stalking if they cross state lines or enter federal jurisdiction, such as maritime boundaries or Indian territory, with the intent to kill, injure, harass, intimidate, or cause fear of death or physical harm in another individual.

This statute also addresses threats made through mail or electronic communication, such as phone calls, emails, and social media posts.

Specifically, 18 U.S.C. 2261A defines a broad scope of behaviors that constitute stalking, including the following examples, to ensure that you are fully aware of what actions are considered stalking:

• Engaging in actions meant to kill, injure, harass, or intimidate the victim. Note the broad range between "kill" and "intimidate"-both are considered equally under federal law.
• Monitoring the victim with the aim of causing harm, injury, harassment, or intimidation.
• Engaging in a pattern of behavior that reasonably instills fear of death or serious injury to the victim, their spouse or partner, immediate family, or that person's pet, service animal, or horse.
• Causing or trying to cause significant emotional distress to the victim or acting in a way that would reasonably be expected to do so.

What Are the Related Federal Statutes?

Chapter 110A of 18 U.S. Code on domestic violence and stalking includes several federal statutes related to Title 18 U.S. Code 2261A on stalking, such as the following:

• 18 U.S.C. 2261. Interstate domestic violence
• 18 U.S.C. 2261B. Enhanced penalty for stalkers of children
• 18 U.S.C. 2262. Interstate violation of a protection order
• 18 U.S.C. 2263. Pretrial release of the defendant
• 18 U.S.C. 2264. Restitution
• 18 U.S.C. 2265. Full faith and credit given to protection orders
• 18 U.S.C. 2265A. Repeat offenders
• 18 U.S.C. 2266. Definitions

What Are the Defenses for Stalking?

There are various strategies a federal criminal defense lawyer might use when defending against federal stalking charges, depending on the specific facts of your case, as explained below. One possible argument is that there was no intent.

To secure a conviction under 18 U.S.C. 2261A, the prosecutor must prove that you intended to kill, harm, harass, intimidate, or threaten another person or make them fearful. Without this intent, you cannot be convicted of the crime.

For instance, your repeated phone calls and emails might have just been attempts to contact someone, not meant to annoy, harass, or scare the victim. It might also be argued that you have a First Amendment right to free speech.

The First Amendment safeguards your rights to free speech and expression, covering sarcastic remarks made online or via text messages.

If your behavior does not qualify as harassment, meaning it didn't aim to annoy or alarm someone, you might have a valid defense against federal stalking charges. Contact our law firm for a case evaluation. We offer legal representation nationwide for federal criminal cases. Eisner Gorin LLP is based in Los Angeles, CA.

Related Content:

• California Kidnapping Law
• Federal Computer Hacking
• Federal Kidnapping Laws
• Violence Against Women Act
• Title 18 U.S. Code § 2261A
• 18 U.S. Code Chapter 110A