Stalking — in plain language

Plain language

a repeated pattern of unwanted following, contacting, or surveilling a specific person that causes that person to reasonably fear for their safety

• repeated unwanted following or contacting
• persistent threatening pursuit
• obsessive conduct causing fear

What to watch for

• Most statutes require a pattern or course of conduct — multiple acts over time — not a single incident; do not imply one frightening encounter automatically qualifies.
• Physical following is not required; electronic contact such as repeated texts, emails, GPS tracking, or social media harassment can satisfy the pattern element under cyberstalking provisions.
• The legal standard is objective — whether a reasonable person in the victim's position would fear for their safety — not simply whether this particular victim felt scared.
• Stalking and harassment overlap but are distinct; stalking typically requires the conduct to cause fear of bodily harm, while harassment may rest on emotional distress or annoyance alone.

A Pattern, Not a Single Incident. Most anti-stalking statutes require more than one or two acts — a "course of conduct" or "pattern" that unfolds over time. A single threatening call or one instance of following someone, standing alone, usually does not meet the statutory threshold. Plain rewrites should preserve this recurring-conduct element rather than suggesting any one disturbing act is enough.

Cyberstalking Is Still Stalking. Electronic conduct — repeated unwanted texts, emails, social media messages, GPS tracking, or posting private information online — qualifies as stalking under most modern state statutes. Many non-lawyers assume the crime requires physical presence or following. It does not; a stalker who never leaves home can still commit the offense entirely through a phone or computer.

Common Misunderstandings by Non-Lawyers.

• "Stalking means someone physically following you everywhere." (No — the pattern of conduct can be entirely electronic, through third parties, or through surveillance devices.)
• "You have to receive an explicit threat to have a stalking case." (Not necessarily — fear of bodily harm arising from the overall pattern of conduct can be enough, even without a direct threat.)
• "One creepy incident makes it stalking." (Usually not — the law requires a pattern over time, and most statutes require more than two distinct acts before prosecution is possible.)

Legal definition

Stalking is a crime in all fifty U.S. states and under federal law, consisting of a willful, repeated course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. California enacted the first U.S. anti-stalking statute in 1990 following high-profile cases involving celebrities; the other states quickly followed. Most statutes require three core elements: a pattern of conduct — typically more than two incidents — directed at a specific person, carried out in a way that would make a reasonable person afraid. An explicit threat is not always required; repeated following, unwanted contact, surveillance, or electronic harassment can together make up the pattern. Stalking frequently arises in the context of intimate partner violence, where one partner refuses to accept the end of a relationship and pursues, monitors, or contacts the other person repeatedly.

Meanings by context

cyberstalking: Using phones, computers, or the internet to repeatedly contact or surveil someone in a way that makes them fear for their safety.

aggravated stalking: Stalking that also involves a real, believable threat of violence, or stalking while a court order already bars contact — treated as a more serious felony in most states.

Examples

Where you'll see it

• criminal charges and sentencing
• protective order petitions
• domestic violence proceedings
• workplace safety policies

Related terms

• harassment
• intimate partner violence
• peeping
• domestic violence
• protective order
• cyberstalking

Word details

Pronunciation

STAW-king

Part of speech

noun

Origin

Old English — from Old English 'stealcian' — to walk stealthily or to track prey; originally hunting vocabulary

Domains

criminal law, family law, tort law

Frequency

common

Formality

moderate