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State laws are beginning to distinguish between cyberstalking and other kinds of harassment. Some states now have laws specifically aimed at cyberstalkers. Some also distinguish between cyberstalking, which involves the use of social media to threaten a victim, and cyberharassment, which is a sub-category of cyberstalking that involves social media harassment without a credible threat. States without these statutes treat cyberstalking and cyberharassment the same as any other stalking or harassment. For help figuring out what to do about these social media laws, see the Your Options page of this website.

Federal Stalking Laws that can be applied to Cyberstalking: United States Code:

  • § 2261A. Stalking
  • § 2261. Interstate domestic violence
  • § 2262. Interstate violation of protection order
  • § 2263. Pretrial release of defendant
  • § 2264. Restitution
  • § 2265. Full faith and credit given to protection orders
  • § 922. Unlawful acts. – [Domestic Violence and Stalking Firearm Prohibitions only]
  • § 875. Interstate communications
  • § 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

The Violence Against Women Act was recently reauthorized, and included updates to various provisions, acts, and grants. ​ 

Cyberstalking Laws by State: http://www.haltabuse.org/resources/laws/ 
​For example, in Texas:Sec. 33.07. ONLINE HARASSMENT.

  • (a) A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:
  • (1) without obtaining the other person's consent; and
  • (2) with the intent to harm, defraud, intimidate, or threaten any person.
  • (b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
  • (1) without obtaining the other person's consent;
  • (2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
  • (3) with the intent to harm or defraud any person.
  • (c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.

Sec. 42.07. HARASSMENT. 

  • (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:
  • (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
  • (2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;
  • (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
  • (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
  • (5) makes a telephone call and intentionally fails to hang up or disengage the connection;
  • (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or
  • (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
  • (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.​

For more options, see the Your Options page of this website.   

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cyberstalking & cyberharassment laws