This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.


21-3438. Stalking. 1992. Amended 2002.

(a) Stalking is an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person's safety.

Stalking is a severity level 10, person felony.

(b) Any person who violates subsection (a) when there is an order issued pursuant to the Protection from Stalking Act, sections 1 through 9, and amendments thereto, a temporary restraining order or an injunction in effect prohibiting the behavior described in subsection (a) against the same person, is guilty of a severity level 9, person felony.

(c) Any person who has a second or subsequent conviction occurring against such person, within seven years of a prior conviction under subsection (a) involving the same victim, is guilty of a severity level 8, person felony.

(d) For the purposes of this section: (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose and which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person. Constitutionally protected activity is not included within the meaning of "course of conduct."

(2) "Harassment" means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose.

(3) "Credible threat" means a verbal or written threat, including that which is communicated via electronic means, or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for such person's safety. The present incarceration of a person making the threat shall not be a bar to prosecution under this section.

(4) "Electronic means" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, pagers and computer networks.


ยง 21-4113. Harassment by telephone. 1969. Amended 1993.

(a) Harassment by telephone is use of telephone communication for any of the following purposes:

(1) Making or transmitting any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;

(2) making a telephone call, whether or not conversation ensues, or transmitting a telefacsimile communication with intent to abuse, threaten or harass any person at the called number;

(3) making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;

(4) making repeated telephone calls, during which conversation ensues, or repeatedly transmitting a telefacsimile communication solely to harass any person at the called number;

(5) playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or

(6) knowingly permitting any telephone or telefacsimile communication machine under one's control to be used for any of the purposes mentioned herein.

(b) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING."

(c) Harassment by telephone is a class A nonperson misdemeanor.

(d) As used in this section, "telephone communication" shall include telefacsimile communication which is the use of electronic equipment to send or transmit a copy of a document via telephone lines.