Federal Stalking Charges: What You Need to Know

Stalking allegations are serious under both Washington and federal law. While many people are familiar with state stalking offenses, fewer understand that stalking can also be prosecuted in federal court.

A federal stalking conviction can lead to significant prison time, substantial fines, and a permanent criminal record. If you are being investigated or have been charged with federal stalking, it is important to understand the law and seek experienced legal representation as soon as possible.

What Is Federal Stalking?

Federal stalking is primarily governed by the federal statute of 18 USC 2261A. The statute makes it a crime to use interstate commerce, including the internet, email, text messaging, social media platforms, or telephone communications, to engage in conduct that places another person in reasonable fear of death or serious bodily injury or causes substantial emotional distress.

Unlike many state stalking laws, federal prosecutors often become involved in these cases when the alleged conduct crosses state lines or involves electronic communications transmitted through interstate networks.

Elements of a Federal Stalking Charge

To obtain a conviction of this crime, federal prosecutors generally must prove that the accused:

1. Traveled across state lines or used a facility of interstate commerce, such as the internet, telephone system, or email,
2. Engaged in a course of conduct directed at a specific person,
3. Intended to kill, injure, harass, intimidate, surveil, or place the person under observation, and
4. Caused fear of death or serious bodily injury or caused substantial emotional distress.

Please note that the government must establish each element beyond a reasonable doubt.

Common Conduct That Can Lead to Federal Charges

Federal stalking allegations may arise from conduct such as:

• Repeated threatening emails or text messages,
• Harassing communications through social media platforms,
• Online monitoring or surveillance of an alleged victim,
• Use of GPS tracking devices,
• Interstate travel to follow or confront another person, and
• Repeated unwanted contact that allegedly causes emotional distress.

In today’s digital age, many federal stalking investigations begin with allegations involving electronic communications and social media activity.

Cyberstalking and Federal Law

Federal stalking laws are frequently used to prosecute cyberstalking cases. Cyberstalking generally involves the use of electronic communications to harass, threaten, intimidate, or monitor another individual.

Examples may include repeated online threats, creating fake social media profiles, publishing personal information, or engaging in a sustained pattern of online harassment. Because internet communications routinely travel through interstate networks, federal jurisdiction is often easier to establish in cyberstalking cases.

Penalties for Federal Stalking

Federal stalking penalties can be severe. The specific sentence imposed depends on the facts of the case and whether any injuries occurred.

But, in general, a conviction may result in:

• Significant federal prison time,
• Substantial fines,
• Supervised release following incarceration,
• Restrictions on internet or computer use, and
• Protective orders and no-contact provisions.

If the alleged conduct results in serious bodily injury or death, the penalties can increase dramatically.

Defenses to Federal Stalking Charges

Every case is unique, and a strong defense depends on the specific facts and evidence involved. Potential defenses may include the following:

• Lack of intent,
• Insufficient evidence,
• Mistaken identity, and
• Unlawful search and seizure.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a federal stalking charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various federal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!