With the widespread use of social media – like Facebook, X, YouTube and Instagram – cyberstalking is becoming more common. In this article, I will dive into what cyberstalking is and how easily it can go from an online obsession to physical stalking. This type of stalking has become so widespread that all 50 states, and the District of Columbia, have criminal penalties to prevent the crime – and Federal law also makes it a crime.
What Is Cyberstalking?
Cyberstalking is the repeated use of the internet, social media, email, messaging apps, or other digital tools to harass, intimidate, monitor, or control another person. Unlike a single rude comment or isolated message, it is a pattern of conduct intended to cause fear, substantial emotional distress, or a sense that the victim is never free from the perpetrator’s reach. Because digital tools are inexpensive, widely available, and often anonymous, this form of abuse has become a serious public-safety issue rather than a mere online nuisance.
Official U.S. crime surveys have recorded hundreds of thousands of cases in a single year, while broader self-report studies put annual victimization in the millions. Young adults, women, and people leaving intimate relationships are disproportionately affected. In a large share of cases the perpetrator is not a stranger but a former partner, acquaintance, coworker, or classmate.
The harm is not confined to a screen. Victims commonly describe anxiety, depression, insomnia, fatigue, hypervigilance, and symptoms consistent with post-traumatic stress. Many alter daily routines, leave social platforms, avoid places they once frequented, change jobs, or even pick up and move. False accusations and the non-consensual sharing of private images can damage reputations, friendships, and careers. Because messages and alerts can arrive at any hour on devices people carry everywhere, the feeling of safety that once existed only in physical space is steadily eroded. Some victims also report physical stress symptoms such as headaches and nausea.
Legal systems have begun to respond. In the United States, federal law under 18 U.S.C. § 2261A makes it a crime to use electronic communications in a course of conduct that places someone in reasonable fear of serious harm or causes substantial emotional distress. Baseline penalties reach five years in prison and rise when injury or other aggravating factors are present. Nearly every state now covers electronic means in its stalking or harassment statutes, though only a few use the word “cyberstalking” itself.
It is good that our legislators have recognized that cyberstalking is a real issue – and it causes real harm to the people on the receiving end of this despicable act. Since I live in Tennessee, and am most familiar with the laws here, I will dive into the statute.
TN Code § 39-17-315 (2025) – Stalking, aggravated stalking, and especially aggravated stalking
- (a) As used in this section, unless the context otherwise requires:
- (1) “Course of conduct”:
- (A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person’s property;
- (B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person’s property; and
- (C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law;
- (2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
- (3) “Harassment”:
- (A) Means:
- (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact;
- (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and
- (iii) The victim suffers emotional distress as a result of the conduct; and
- (B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose;
- (A) Means:
- (4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
- (5) “Unconsented contact” means any contact with another person that is initiated or continued without that person’s consent, or in disregard of that person’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
- (A) Following or appearing within the sight of that person;
- (B) Approaching or confronting that person in a public place or on private property;
- (C) Appearing at that person’s workplace or residence;
- (D) Entering onto or remaining on property owned, leased, or occupied by that person;
- (E) Contacting that person by telephone;
- (F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or
- (G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
- (6) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
- (1) “Course of conduct”:
- (b)
- (1) A person commits an offense who intentionally engages in stalking.
- (2) Stalking is a Class A misdemeanor.
- (3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202.
The penalties for stalking in Tennessee:
- Class A misdemeanor (or Class E felony if the defendant is a registered sexual offender at the time of the offense).
- Class A misdemeanor: up to 11 months and 29 days in jail and/or a fine up to $2,500.
- Class E felony: 1–6 years in prison and a fine up to $3,000.
Several levels of stalking exist in the code and carry much stiffer penalties:
Aggravated stalking — Class E felony (1–6 years, fine up to $3,000)
Applies when the person commits stalking and one or more of these factors exist:
- Displays a deadly weapon.
- Victim is under 18 and the offender is 5 or more years older.
- Prior stalking conviction within 7 years.
- Makes a credible threat of death or bodily injury to the victim or certain family members.
- Knowingly violates a restraining order, order of protection, or similar court prohibition against contacting the victim.
Especially aggravated stalking — Class C felony (3–15 years, fine up to $10,000)
Applies when the person:
- Commits stalking or aggravated stalking and has a prior conviction for stalking or aggravated stalking involving the same victim, or
- Commits aggravated stalking and intentionally or recklessly causes serious bodily injury to the victim or certain family members, or
- (in some versions of the statute) the victim is under 12 and the offender is 18 or older.
Cyberstalking in Tennessee will likely be prosecuted as harassment – but the charge can elevated based on circumstances:
Harassment (§ 39-17-308)
This covers certain threatening or annoying communications (including electronic ones) and “cyber-bullying” in some circumstances.
Most violations are a Class A misdemeanor (up to 11 months 29 days and/or $2,500 fine). Certain situations (for example, an incarcerated person contacting the victim of their crime) can be a Class E felony.
The Real Danger – When Cyberstalking Escalates
In a 2019 Federal study roughly 3.4 million people reported being stalked. (since these crimes are often underreported, this number is inevitably low) Stalkers most certainly are driven by an unhealthy obsession with their target. While targets might be coworkers, friends or fellow students (1.3% of the 3.4 million were minors) the most prevalent target is someone the stalker has been in a relationship with – or one where the stalker wanted a romantic relationship and the target was not interested.
While cyberstalking often doesn’t escalate into physical stalking, it certainly can – and often both happen at the same time. Frequently, the cyberstalker will become bored with electronic harassment and move to physical stalking. This is where things become much more dangerous as the stalker has already jumped from electronic to physical stalking after the cyberstalking no longer satiates their obsessive needs. At some point the physical stalking will no longer fulfill their crazy needs either and it escalates to physical violence.
What do you do if you are being stalked?
Since there are no guidelines as to how rapidly cyberstalking/stalking may escalate, you must be prepared to protect yourself – and that starts with making a police report. Beyond that, make sure to be situationally aware of everything going on around you. Constantly surveil your immediate area for the stalker – knowing they may be in a rental car. When you are home, keep your doors and windows locked. Do not let your pets outside unattended as your stalker knows you are attached to your pet – which makes them a target too. Lastly, if you own a firearm, keep it near you – or on your person if it’s a handgun. And make sure you train regularly in its use.
Be safe out there, folks!
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The Original Grey Beard Biker™
gbb@TheGreyBeardBiker.com
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