Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws

This article explores how the nature of cyberstalking represents a form of behavior distinct from offline stalking. As such, the interpretation of many of the statutes dealing with offline stalking may be inadequate to address the problem. The first part of this article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also suggests ways to close these gaps. The fourth part deals with potential issues in criminalizing cyberstalking and how these issues might be resolved. Finally, the Appendix to the article sets forth all state and federal stalking laws and how they might currently deal with cyberstalking, if at all