It is estimated by various law enforcement agencies that communications over the internet and its World Wide Web are an element in between 20 and 40 percent of all stalking cases. For this reason, forty-five of the fifty American states now have laws that specifically address electronic communication within their harassment and stalking laws.
Even those state laws that don’t directly refer to electronic communications can still be interpreted in a way that if there has been an online harassment or threat, prosecution may be pursued. However, laws specifically worded to address the enforcement of protection against cyber stalking make such prosecution much easier.
The United States Department of Justice has released two reports to address cyber stalking in a detailed fashion. These are:
• “Stalking and Domestic Violence: Report to Congress” (May, 2001)
• “Cyberstalking: A New Challenge for Law Enforcement and Industry” (August, 1999)
The forty-five states which include specific laws addressing cyber stalking include:
1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Georgia
11. Hawaii
12. Illinois
13. Indiana
14. Iowa
15. Kansas
16. Louisiana
17. Maine
18. Maryland
19. Massachusetts
20. Michigan
21. Minnesota
22. Mississippi
23. Missouri
24. Montana
25. Nevada
26. New Hampshire
27. New York
28. North Carolina
29. North Dakota
30. Ohio
31. Oklahoma
32. Oregon
33. Pennsylvania
34. Rhode Island
35. South Carolina
36. South Dakota
37. Tennessee
38. Texas
39. Utah
40. Vermont
41. Virginia
42. Washington
43. West Virginia
44. Wisconsin
45. Wyoming
Furthermore, there is a pending bill in New Mexico. There are, however, four states (Utah, New Jersey, Nebraska, and Idaho), as well as Washington D.C., which do not have any form of statute regarding cyber stalking. This list does not include cyber stalking laws involving the harassment of children online. Predators of children are another topic altogether. Every state protects child victims the age of 18 or younger.
If you aren’t in a state with a cyber stalking law, it’s best that you be extremely vigilant when it comes to the people with whom you make contact online. Remember that the risk may be greater for you as prosecution may be much more challenging.