State Stalking Laws: Criminal and Civil Laws by Level of Offense(1)

State Criminal Laws Civil Protective Laws
Alabama B or C felony Stalking violation of domestic violence protection order is misdemeanor
Alaska C felony for limited set of stalking crimes, or

A misdemeanor Enhanced penalty for stalking minor (age 16)

Stalking violation of domestic violence protection order is misdemeanor
Arizona Felony 4 or 5

Harassment orders available; contempt penalty for violation
Arkansas B or C felony Stalking violation of domestic violence protection order is misdemeanor
California Felony or misdemeanor; 2nd misdemeanor stalking has 4 year maximum Stalking and harassment orders available; violation of order has 4 year maximum
Colorado Felony 6; 2nd is Class 5 felony Stalking order available; violation is Class 6 felony
Connecticut D felony for limited set of stalking crimes, or misdemeanor

Enhanced penalty for stalking minor (age 16)

Stalking violation of domestic violence protection order is misdemeanor; any violation of criminal protective order is felony
Delaware C or D felony for limited set of stalking crimes, or F felony 2nd violation of domestic violence protection order is felony
District of Columbia Misdemeanor; increase up to 10 months and 3 years for 2nd and 3rd offenses Stalking violation of domestic violence protection order is misdemeanor
Florida Felony 3 or misdemeanor 1

Enhanced penalty for stalking minor (age 16)

Stalking order available; violation of order is misdemeanor
Georgia Felony for limited set of stalking crimes, or misdemeanor Stalking violation of domestic violence protection order is misdemeanor
Hawaii Misdemeanor; 2nd offense against same victim in violation of order is C felony Stalking violation of domestic violence protection order is misdemeanor
Idaho Misdemeanor; 2nd is felony Stalking protective order available; Violation of order is misdemeanor; 2nd is felony
Illinois Class 3 or 4 felony Stalking violation of domestic violence protection order is misdemeanor
Indiana D felony for limited set of stalking crimes, or A misdemeanor; D felony for 2nd misdemeanor stalking offense Stalking violation of domestic violence protection order is misdemeanor
Iowa D felony for limited set of stalking crimes, or aggravated misdemeanor

Enhanced penalty for stalking minor (age 18)

Stalking violation of domestic violence protection order is misdemeanor
Kansas Class 10 felony; Class 9 felony for order violation; 2nd offense and same victim is Class 8 felony Criminal trespass in violation of domestic violence order is misdemeanor
Kentucky D felony for limited set of stalking crimes, or A misdemeanor Stalking violation of domestic violence protection order is felony
Louisiana Felony for limited set of stalking crimes, or misdemeanor

Enhanced penalty for stalking minor (age 12)

Stalking violation of domestic violence protection order may be criminal contempt of court
Maine Class D crime (1 year maximum); 3rd is Class C crime (5 year maximum) Harassment protection order available; violation of order is Class D crime
Maryland Misdemeanor (5 year maximum) Stalking violation of domestic violence protection order is misdemeanor
Massachusetts Felony; enhancement for order violation Stalking violation of domestic violence protection order is felony
Michigan Felony or misdemeanor

Enhanced penalty for stalking of minor by adult

(age 18)

Stalking protective order available; no statutory penalty set
Minnesota Felony or gross misdemeanor

Enhanced penalty for stalking minor (age 18)

Stalking protective order available; violation of order is misdemeanor
Mississippi Misdemeanor Stalking violation of domestic violence protection order may be criminal contempt of court
Missouri D felony or A misdemeanor Stalking protective order available; violation of order is A misdemeanor; 2nd in 5 years is D felony
Montana Misdemeanor; 2nd is felony Stalking protection order available; violation of order is misdemeanor
Nebraska Class 1 misdemeanor; 2nd is class 4 felony Stalking protection order available; violation of order is misdemeanor
Nevada B felony or misdemeanor Stalking protective order available; violation of temporary order is misdemeanor; permanent order violation is C felony
New Hampshire Misdemeanor; 2nd is B felony Stalking protective order available; misdemeanor penalty; 2nd is felony
New Jersey 3rd or 4th degree crime Stalking violation of domestic violence protection order is misdemeanor
New Mexico Felony for limited set of stalking crimes, or misdemeanor; 2nd misdemeanor level stalking is Felony 4

Enhanced penalty for stalking minor (age 16)

Stalking violation of domestic violence protection order is misdemeanor
New York B misdemeanor Stalking violation of domestic violence protection order is felony if injury, otherwise is misdemeanor
North carolina Misdemeanor A1 or 2; 2nd is felony Stalking violation of domestic violence protection order is misdemeanor
North Dakota C felony for restricted set of stalking crimes, or misdemeanor Disorderly conduct order available; violation of order is felony
Ohio Misdemeanor 1; 2nd is felony 5 Stalking violation of domestic violence protection order or no-contact criminal protection order is misdemeanor 1; 3rd violation is felony
Oklahoma Felony for limited set of stalking crimes, or misdemeanor; 2nd misdemeanor stalking is felony Stalking protective order available; violation of order is misdemeanor
Oregon A misdemeanor; 2nd is C felony Stalking protective order available; violation is A misdemeanor or C felony
Pennsylvania Misdemeanor 2nd is felony Stalking violation of domestic violence protection order is criminal contempt of court
Rhode island Misdemeanor; 2nd is felony Stalking protective order available; violation of order is felony
South Carolina Felony for limited set of stalking crimes, or misdemeanor; 2nd misdemeanor stalking in 7 years is felony Stalking protective order available; violation of order is misdemeanor
South Dakota Misdemeanor; 2nd is felony 5 Stalking protective order available; violation of order is felony 6 if assault or stalking violation of abuse order; misdemeanor otherwise
Tennessee A misdemeanor; 2nd is C felony (if same victim) or E felony Stalking violation of domestic violence protection order with assault is felony, otherwise is misdemeanor
Texas A misdemeanor; 2nd is felony 3 Stalking violation of domestic violence protection order with assault is felony, otherwise is misdemeanor; 3rd violation of order is felony
Utah Felony for restricted set of stalking crimes, or misdemeanor Stalking violation of domestic violence protection order is misdemeanor
Vermont Felony

Enhanced penalty for stalking minor (age 16)

Stalking violation of domestic violence protection order with assault is felony, otherwise is misdemeanor
Virginia Class 1 or 2 misdemeanor; 3rd is felony 6 Stalking protective order available; violation of order is misdemeanor 1
Washington C felony for limited set of stalking crimes, or gross misdemeanor; 2nd misdemeanor stalking is C felony Harassment Protective order available; violation of order is C felony
West Virginia Misdemeanor; 3rd in 5 years is felony Stalking violation of domestic violence protection order calls for enhanced misdemeanor penalties
Wisconsin Felony for limited set of stalking crimes, or A misdemeanor; 2nd misdemeanor stalking is E felony Antiharassment protective order available; violation of order is 90 days
Wyoming Felony for limited set of stalking crimes, or misdemeanor; 2nd misdemeanor stalking is felony Stalking protective order available; Violation of order is misdemeanor
Guam Felony of 2nd degree for limited set of stalking crimes, or felony 3 Stalking violation of domestic violence protection order is misdemeanor
Virgin Islands Felony Stalking violation of domestic violence protection order calls for contempt penalties

1. This table was prepared March 1998 by Neal Miller of the Institute of Law and Justice, Alexandria, VA.