State Cyberstalking and Cyberharassment Laws
* Does not include cyberbullying laws. See instead NCSL's cyberbullying page.
Overview | State Statutes
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Last update: March 23, 2012
PLEASE NOTE: The National Conference of State Legislatures (NCSL) serves state legislators and their staff. This site provides comparative information only and should not be construed as legal advice. NCSL cannot provide assistance with individual cases.
Overview
Many states have enacted ""cyberstalking"" or ""cyberharassment"" laws or have laws that explicitly include electronic forms of communication within more traditional stalking or harassment laws. In addition, recent concerns about protecting minors from online bullying or harassment have led states to enact ""cyberbullying"" laws. This chart identifies only state laws that include specific references to electronic communication. However, other state laws may still apply to those who harass, threaten or bully others online, although specific language may make the laws easier to enforce. This chart classifies the various state laws addressing these three different types of online behaviors, as described below.
Cyberstalking. Cyberstalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. Cyberstalking may be considered the most dangerous of the three types of Internet harassment, based on a posing credible threat of harm. Sanctions range from misdemeanors to felonies.
Cyberharassment. Cyberharassment differs from cyberstalking in that it is generally defined as not involving a credible threat. Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. Some states approach cyberharrassment by including language addressing electronic communications in general harassment statutes, while others have created stand-alone cyberharassment statutes.
* Note: This chart does not cover cyberbullying laws. Cyberbullying and cyberharassment are sometimes used interchangeably, but cyberbullying generally refers to electronic harassment or bullying among minors within a school context. See the NCSL's Education Program's cyberbullying page for more information on cyberbullyings laws and legislation.
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