Stalking

Pattern of Behavior: Currently, 51% of states require 

that there be two or more different instances where the 

perpetrator followed, watched, or otherwise harrassed 

the victim, and 47% require an “established pattern” of 

harassment. 

Level of Fear: Almost half of U.S. states require proof that the 

victim felt terrorized by the stalking behavior; 24% require 

proof that the victim feared for their safety; and 8% require 

proof that the victim feared for their life. 

Standard of Fear: Further, 53% of states require that the 

behavior be enough to make a reasonable person feel fear; 

20% require that the prosecution proves the victim actually 

felt fear; and 27% require that the prosecution proves both 

that a reasonable person would feel fear and that the victim 

actually did feel fear. 

The majority of states do not consider stalking to be a felony 

upon the first offense.

A

Stalking is generally defined as a pattern of behavior that would cause a reasonable person to feel fear.A Although a 

crime throughout the United States (including Territories and many Tribal Codes) and an offense under the Uniform 

Code of Military Justice, stalking varies widely in statute definition, scope, crime classification, and associated penalties.

In part because stalking is composed of individual acts that could, in isolation, seem benign or be noncriminal, it is 

underidentified by the criminal justice system and underreported by victims—less than half of stalking victimizations 

are reported to the police.B Stalking is linked to both intimate partner violence and sexual assault, and often has a 

significant traumatic effect on its victims. For more information, see the Intimate Partner Violence fact sheet in this series.

In addition to criminal court, victims of stalking may also 

seek protections in civil court. In all states, a victim may seek 

a protection order that prevents the stalker from coming 

within a certain distance and restricts communication; 

however, more than 61% of states require that the victim 

be related to the stalker to obtain a protection order. While 

only 37% of states have a stalking-specific protection order, 

100% of those states have no relationship requirement, 

making it easier for stalking victims to receive protection. 

Another course of action is a civil suit. In 25% of states, a 

According to the 2011 National Intimate Partner and Sexual 

Violence Survey (NISVS), women are 2.5x more likely than 

men to be stalked in their lifetime. More than 50% of women 

who were stalked reported that their stalkers had: watched, 

followed, or spied on them; made unwanted telephone calls; 

or left unwanted messages. Almost 60% of men who were 

stalked reported that their stalker made unwanted calls or 

left unwanted messages.C

2017 National Crime Victims’ Rights Week Resource Guide: Crime and Victimization Fact Sheets

Stalking Statutes by ElementA

as a percentage of states Yes No

Only specific intent required 31% 57%

Only actual fear required 20% 53%

Specific number of incidents required 53% 47%

Felony upon first offense 20% 80%

vs

Civil Stalking ProtectionsA

as a percentage of states Yes No

Stalking-specific protection order 37% 63%

Relationship requirement 61% 39%

Stalking-specific civil suit 25% 75%

vs

Differences among State Statutes

Tactics Used by StalkersC

as a percentage of stalking victims Men Women

Make unwanted phone calls to victim, 

including hangups 58.2% 54.5%

Leave victim unwanted voice/text messages 56.7% 55.3%

Approach victim or show up places 

when not wanted 47.7% 61.7%

Watch, follow, or spy on victim with a 

listening device, camera, or GPS 32.2% 49.7%

Leave strange/threatening items for victim 14.7% 15.0%

Sneak into victim’s car/home in such a way 

that victim realizes stalker was there * 26.8%

Leave victim items (flowers, cards) knowing 

the victim didn’t want them * 24.7%

Send victim unwanted messages online 9.4 14.3

*Case counts too low to estimate.

vs

stalking victim may choose to sue their stalker for monetary 

compensation. These civil suits are intended to help the 

victim recover costs resulting from the victimization, 

including lost wages, medical bills, and relocation fees:A 

1/4 of stalking victims report that they missed more than 10 

days of work as a result of their victimization.B
SOURCES 

A National Center for Victims of Crime, Stalking Resource Center, “State 

Penal Codes Related to Stalking and Harassment (as of June 2016),” (unpublished)

B Katrina Baum et al., “Stalking Victimization in the United States,” (Bureau 

of Justice Statistics, 2009), www.justice.gov/sites/default/files/ovw/

legacy/2012/08/15/bjs-stalking-rpt.pdf

C Matthew J. Breiding et al., Prevalence and Characteristics of Sexual Violence, 

Stalking, and Intimate Partner Violence Victimization—National Intimate 

Partner and Sexual Violence Survey, 2011, www.cdc.gov/mmwr/pdf/ss/

ss6308.pdf

Note: In 2009, the Bureau of Justice Statistics published “Stalking Victimization in the United States,” providing groundbreaking information on the 

nature of stalking victimization. While the 2009 report has been replaced 

by the 2012 revision, the earlier version contains valuable insights into this 

crime; however, data must be interpreted with caution. 

Of women who were stalked, 88% were stalked by a man. 

For men who were stalked, 48% were stalked by another 

man and 45% were stalked by a woman. Some victims are 

stalked by multiple people over their lifetime.C

Less than 40% of stalking victims reported that the police 

took any action against their stalker: 32% of victims reported 

that law enforcement spoke to or warned the offender, while 

just 7% reported that their stalker had been arrested. The 

most common action taken by law enforcement in response 

to stalking was to take a report (50% of the time) or to 

suggest a protection order (20% of the time). Almost 20%

of stalking victims reported that law enforcement took no 

action in response.B

According to the NISVS, 15% of women and 6% of men are

stalked over the course of their lifetime.C

National estimates for American Indian/Alaska Native (AI/

AN) and multiracial women are almost 60% greater than 

for white, black, and Hispanic women. National stalking 

estimates for black, Hispanic, and multiracial men are about 

60% greater than for white men.C

Current Data on Stalking

More than 60% of stalking victims reported that they feared 

harm to themselves, their partner, or a family member. 

Victims also reported that they were afraid of: not knowing 

what would happen next (46%), that the stalking might 

never end (29%), or that they might die as a result of their 

victimization (9%).B

National Stalking EstimatesC

by race/ethnicity and sex

30%

13.9

Women

Men

9.3

22.4

8.2

14.2

9.1

4.7 5.7

15.9

24.5

15.2

All races/

ethnicities

AI/AN Multiracial White Hispanic Black

Sex of PerpetratorC

by victim sex

Male 

stalker

Female 

stalker

Women

Men

88.3

7.1

48.0 44.6

100%

Action Taken by Law EnforcementB

Take a report

Talk to/Warn offender

Suggest protection order

No action taken

Provide selfprotection advice

Other

Arrest offender

Refer to victim services

53.3

32.2

20.1 18.8 17.4

7.7 5.4

20.7

60%

Stalking Victims’ Worst FearsB

Loss of 

Death

freedom

Behavior would 

never stop

Not knowing what 

would happen next

Harm to self, 

partner, family

Other

8.9 10.3

29.1

46.1

61.5

27.2

70%

Victim Relationship to PerpetratorC

by victim sex

Intimate 

partner

(current/ 

former)

Acquaintance

Women

Men

60.8

24.9

43.5

31.9

100%

Stranger Family 

member

16.2

20.0

6.2

9.9