Anti-stalking laws criminalize malicious pursuit, harassment, or threats. They offer victims additional protections, such as confidential addresses and termination of leases. Laws vary by country and state, with some offering extensive privacy protections and harsher punishments for repeat offenders. The Federal Violence Against Women Act makes crossing state lines to engage in stalking behavior a federal crime.
Anti-stalking laws are relatively new, and many have been passed due to increased media attention and advocacy for victims of stalking and domestic violence. Many countries have anti-stalking laws that criminalize the malicious and intentional pursuit, harassment or threat of another person. In addition to criminalizing certain behaviors, anti-stalking laws can offer victims additional protections against their stalkers, such as confidential addresses and the right to terminate a lease with little or no penalties. Other laws include measures that eliminate judicial enforcement issues of restraining orders and allow judges to deny bail to accused stalkers who pose a credible threat to a victim.
Many anti-stalking laws define specific stalking behaviors, such as placing someone under surveillance or following someone with the intention of harassing or intimidating them. These laws are sometimes specifically called anti-stalking laws, although in the United Kingdom (UK) the criminalization of stalking behavior is covered by that country’s anti-harassment laws. Since UK anti-harassment laws are not specific to stalking, they have also been used to address other forms of harassment, such as the collection business by creditors against debtors. In some Australian states, such as the Australian Capital Territory (ACT), anti-stalking laws are very specific. For example, stalkers are prohibited from sending electronic messages about their victims to other people.
These laws sometimes provide victims with extensive privacy protections. In some states, a stalking victim may request various forms of identity protection. Protections may include a private address and mail forwarding service and the suppression of the victim’s driver’s and vehicle license information by the relevant driver’s license authority. Other protections may include the right to be informed when the stalker needs to be released from prison, the right to protection against discrimination in the accommodation due to being the victim of domestic violence or stalking and, in some cases, the right to leave the accommodation in rent without significant fines if the victim is trying to escape from a stalker.
While all 50 of the United States have some form of anti-stalking law, the nature of these laws and their enforcement vary widely across the United States. In Iowa, for example, repeat offenders may receive harsher punishments upon conviction and more restrictive treatments, such as denial of bail, after arrest. Florida law allows for the arrest of suspected stalkers without a warrant. Some states extend anti-stalking protection to family members, spouses, and intimate partners of stalking victims. In some states, such as Illinois and Michigan, stalkers may be required to undergo court counseling. The Federal Violence Against Women Act (VAWA) makes crossing state lines to engage in stalking behavior a federal crime.
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