Federal Stalking Law - Title 18 U.S. Code § 2261A
18 U.S. Code § 2261A is the federal law that addresses two main types of interstate stalking: traveling across state lines with the intent to stalk and using interstate channels to do so.
It is a felony for someone to cross state borders or navigate within U.S. maritime jurisdiction with the goal of harming, harassing, or intimidating another person, and then engage in actions that create fear of death, serious injury, or significant emotional distress.
The law also prohibits using the mail, the internet, or other interstate means to stalk someone in another state, causing similar fear or distress.
Stalking is illegal in all states. However, when it crosses state boundaries, takes place in U.S. territories or maritime areas, or involves U.S. mail or electronic communications across state lines, it can be prosecuted as a federal crime, often carrying more severe penalties.
Securing pretrial release in a federal stalking case can be difficult, especially when the government contends that the defendant poses a danger to the community or is a flight risk.
Key Takeaways
- As part of the 1996 Violence Against Women Act (VAWA), Congress added an anti-stalking law to bolster victim protections and address legal gaps.
- Known as the Interstate Stalking Punishment and Prevention Act, it makes crossing state lines with the intent to harm or harass a person a federal offense.
- 18 U.S. Code 2261A has harsher penalties and broadens the definition of "stalking" to cover electronic communications, demonstrating the comprehensive nature of this law.
- As internet and social media usage grow, electronic communication has become routine.
- Traditionally, stalking involves physical presence by the alleged perpetrator near the victim.
- Many stalking cases now include using electronic means to constantly communicate with someone in a way that causes harm or emotional distress.
- Stalking and cyberstalking differ in their methods, but both have the same effect on the victim. Understanding these distinctions is crucial for a comprehensive understanding of the law.
- To be guilty of federal stalking, prosecutors must show you engaged in at least two stalking acts, indicating a pattern of behavior rather than a single incident.
- According to the law, harassment involves repeatedly using words, conduct, or actions that have no legitimate purpose and are intended solely to annoy, alarm, or cause distress.
- If charged with federal stalking under Title 18 U.S.C. 2261A, you could face up to five years in prison, a significant penalty that underscores the seriousness of this offense.
What Is the Content of Section 2261A?
18 U.S.C. 2261A Stalking 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 Is Classified as Stalking Under Federal Law?
Under 18 U.S.C. 2261A, a person commits stalking if they cross state lines or enter federal areas, such as maritime boundaries or Indian territory, with the intent to kill, harm, harass, intimidate, or cause fear of death or injury to another person.
The law also covers threats communicated via mail or electronic methods, including phone calls, emails, and social media posts. Specifically, 18 U.S.C. 2261A defines a broad spectrum of behaviors that qualify as stalking. These include the following:
- Acting with the intent to kill, injure, harass, or intimidate the victim. Note that there is a broad range between "kill" and "intimidate" — both are considered equally under federal law.
- Surveilling the victim with the intent to kill, injure, harass, or intimidate them, and causing them to fear for their safety reasonably.
- Engaging in a 'course of conduct', which refers to a series of actions or behaviors, that reasonably causes the victim to fear death or serious injury to themselves, their spouse/partner, an immediate family member, or that person's pet, service animal, or horse.
- Engaging in conduct that causes or aims to cause significant emotional distress to the victim, or behaviors that would reasonably be expected to do so. This could include sending threatening messages, repeatedly showing up at the victim's workplace or home, or making unwanted phone calls.
Violating 18 U.S.C. 2261A is a federal crime. If found guilty of federal stalking, you could be imprisoned for up to five years and face a fine of up to $250,000. The specific penalties will depend mainly on the seriousness of your offense.
Which Other Federal Laws Are Relevant?
Chapter 110A of 18 U.S. Code concerning 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 protection order
- 18 U.S.C. 2263 - Pretrial release of 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 Defenses Exist Under 18 U.S.C. 2261A?
A federal criminal defense lawyer has several potential strategies when facing federal stalking charges, depending on the facts and circumstances of the case.
One possible argument is that there was no intent. Under 18 U.S.C. 2261A, the prosecution must prove that you intended to kill, injure, harass, intimidate, or frighten another person. Without this intent, you cannot be convicted of the crime.
For instance, your repeated phone calls and emails might have been attempts to contact, and you may not have intended to annoy, harass, or scare the victim. It could also be argued that you have a First Amendment right to free speech.
The First Amendment safeguards your freedom of speech and expression, which includes sarcastic remarks made online or through text messages.
If your behavior does not amount to harassment — that is, if it did not aim to annoy or alarm someone — you might have a valid defense against federal stalking charges.
Contact our law firm for a case evaluation by phone or through the contact form. We offer legal representation nationwide for federal criminal cases. Eisner Gorin LLP is based in Los Angeles, CA.
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