What Are the United States Statutes for Stalking?
Apart from state statutes, stalking victims should be aware of federal legislation that makes it a crime to cross a state line in order to stalk another person, a spouse or partner.
United States Laws:
18 U.S.C. 2261A Interstate Stalking (1996; 2000)
2261A(1) makes it is a federal crime, punishable from five years to life in prison, to travel across state, tribal or international lines to stalk another person. The stalker must have the intent to harass, or intimidate the victim, or to place the victim, a family member, or a spouse or
partner of the victim, in fear of death or serious bodily injury.
2261A(2) makes it a federal crime, punishable from five years to life in prison, to stalk another person across state, tribal or international lines, using regular mail, e-mail, or the Internet (i.e., cyberstalking). The stalker must have the intent to kill or injure the victim, or to place the victim, a family member or a spouse or intimate partner of the victim in fear of death or serious bodily injury.
2261A(1) and 2261A(2) make it a federal crime to stalk someone within the special or maritime of the U.S. This includes federal lands such as national parks and military bases.
2261(a)(1) makes it a federal crime, punishable from five years to life in prison, to travel across state, tribal or international lines with the intent to kill, injure, harass, or intimidate a spouse or partner and to commit, or attempt to commit, a crime of violence against
that spouse or intimate partner.
2261(a)(2) makes it a federal crime, punishable from five years to life in prison, to cause an intimate partner to cross state, tribal, international lines, by force, coercion, duress, or fraud and commit, or attempt to commit, a crime of violence against that spouse or intimate partner.
18 U.S.C.2262 Interstate Violation of a Protective Order
2262(a)(1) makes it a federal crime, punishable from five years to life in prison, to travel across tribal or international lines with the intent to violate a protective order and to subsequent conduct that violates that order.
2262(a)(2) makes it a federal crime, punishable from five years to life in prison, to cause a person to cross state, tribal, or international lines by force, coercion, duress, or fraud and subsequently engage in conduct that violates a protective order. The protective order must state that the abuser cannot threaten, harass or cause bodily injury. Federal anti-terrorism laws may also apply in some stalking cases, allowing victims to bring charges in federal court as an alternative to the state criminal court of their jurisdiction.
18 U.S.C. 2261(b): Penalties for Violating Federal Laws
18 U.S.C. 2261, 2261A or 2262
Penalties are either a fine, imprisonment, or both. There are no minimum sentences, but there are maximums based on the extent of the victim’s injuries. The maximum sentences are listed along with the corresponding injury.
• Life imprisonment if the victim dies;
• 20 years if the victim is permanently disfigured;
• 20 years if the victim suffers life threatening bodily injury;
• 10 years if the victim suffers serious bodily injury;
• Penalties set forth in Chapter 109A (18 U.S.C. 2241 et seq.- sex offenses) if offender’s conduct meets the elements of any of those offenses (conduct does not have to occur in federal
prison or within special/maritime jurisdiction of U.S.; or 5 years for any other situation. (The maximum sentence is 10 years if the offender uses a dangerous weapon.)
18 U.S.C. 875(c) Interstate Communications
This statute makes it a federal crime, punishable by up to five years in prison, to transmit in interstate or foreign communications, any threat to kidnap or injure another person.
47 U.S.C. 223(a)(1)(C) Harassing Telephone Calls in Interstate Communications
This statute makes it a federal crime, punishable by up to two years in prison, to use a telephone or other telecommunications device to annoy, abuse, harass or threaten another person at another number.
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