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§ 2261A – Stalking and Cyberstalking

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Posted by Christopher Combs on February 6, 2026

18 U.S.C. § 2261A – Stalking and Cyberstalking

This law makes it a federal crime to engage in interstate stalking or cyberstalking that causes fear of death or serious bodily injury, or substantial emotional distress.

This statute targets stalking conduct that involves interstate travel, presence within federal jurisdiction, or the use of interstate communication systems, including electronic communications.

It applies to conduct intended to kill, injure, harass, intimidate, or surveil another person, when that conduct results in fear of serious harm or substantial emotional distress.

What the law prohibits.
A person violates this statute if they:

  • Travel in interstate or foreign commerce, are present within the special maritime and territorial jurisdiction of the United States, or enter or leave Indian country with intent to kill, injure, harass, intimidate, or surveil another person, and engage in conduct that places the person in reasonable fear of death or serious bodily injury, or causes or would reasonably be expected to cause substantial emotional distress
  • Use the mail, an interactive computer service, an electronic communication service, an electronic communication system, or any other facility of interstate or foreign commerce with intent to kill, injure, harass, intimidate, or surveil another person, and engage in a course of conduct that places the person in reasonable fear of death or serious bodily injury, or causes or would reasonably be expected to cause substantial emotional distress

Penalties.
A person convicted under this statute shall be punished as provided in section 2261(b) or section 2261B, as applicable.

View the full statute here.

If you’re being investigated or charged under a federal stalking or cyberstalking statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss your situation.

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