Last updated: November 5, 2026. This article is general information, not legal advice.
Whether stalking is a felony depends on where it happens and what the person did. In some states even a first offense is a felony. In others it starts as a misdemeanor and becomes a felony when something makes it more serious, such as a threat, a weapon, a protective order or a past conviction. Stalking is also a federal crime when it crosses state lines or uses the internet.
This guide explains how that works, with real examples from five states and federal law, and what to do if you think you are being stalked.
Key takeaways
- Stalking is a crime in every state, but whether it is a felony differs by state.
- Common things that turn stalking into a felony: a prior stalking conviction, violating a protective order, a credible threat, a weapon, or a young victim.
- Texas and Illinois make stalking a felony from the start. Florida and New York begin with misdemeanor levels. California can charge it either way.
- Stalking with technology, sometimes called cyberstalking, is covered by state laws and by federal law.
- If you are in danger, call 911. If you are not sure the law applies, document everything and talk to an advocate or a lawyer.
What Counts as Stalking?
Stalking is generally a pattern of behavior aimed at one person that would make a reasonable person afraid or seriously distressed. The key word is pattern. One unwanted message is usually not stalking. Repeated following, watching, calling, messaging, showing up, or tracking someone can be.
The exact wording differs by state. In Illinois, for example, stalking involves a course of conduct, defined as two or more acts, that the person knows or should know would cause a reasonable person to fear for their safety or suffer emotional distress. Texas requires repeated conduct that the person knows will be regarded as threatening or that amounts to harassment, and that would cause a reasonable person similar fear or distress.
Technology is a major part of modern stalking. A national fact sheet from the Stalking Prevention, Awareness, and Resource Center (SPARC) reports that more than twice as many victims are stalked with technology as without it. If that is your situation, read our guides to what cyberstalking is and what doxxing is.
Is Stalking a Felony or a Misdemeanor?
It can be either. A misdemeanor is a lower-level crime, usually punished by up to a year in county jail. A felony is more serious and is punished by a year or more in prison, plus lasting consequences such as the loss of some rights. States grade stalking in three main ways:
- Felony from the start: any conviction is a felony.
- Misdemeanor first, felony when aggravated: basic stalking is a misdemeanor, and added factors raise it.
- Either, at the prosecutor’s choice: a so-called wobbler, such as in California.
According to SPARC’s review of state stalking statutes, nearly every jurisdiction raises the penalty for a prior stalking conviction, and more than half raise it when the conduct violates a protective order, no-contact order or probation or release condition. Many also raise it when the victim is a minor or when a deadly weapon is involved.
Stalking Laws in Five States and Under Federal Law
The table shows how five large states and the federal government treat stalking. Laws change, so use it as a starting point and check the current statute.
| Where | Basic stalking | What makes it more serious |
|---|---|---|
| Texas (Penal Code 42.072) | Third-degree felony | Second-degree felony if the person has a prior stalking conviction |
| Illinois (720 ILCS 5/12-7.3) | Class 4 felony | Class 3 felony for a second or later conviction |
| California (Penal Code 646.9) | Charged as a misdemeanor (up to one year in county jail) or as a felony (state prison) | State prison of 2 to 4 years if a restraining or other court order was in effect. State prison of 2, 3 or 5 years with certain prior convictions |
| Florida (Fla. Stat. 784.048) | First-degree misdemeanor | Aggravated stalking is a third-degree felony: a credible threat, violating an injunction or other court order, or a victim under 16 |
| New York (Penal Law 120.45 to 120.60) | Fourth degree: Class B misdemeanor | Higher degrees include Class A misdemeanor, Class E felony (second degree) and Class D felony (first degree), depending on a weapon, prior convictions, a young victim, a sexual offense or physical injury |
| Federal (18 U.S.C. 2261A) | Felony when stalking crosses state lines or uses mail, internet or other electronic communication | Penalties go up with injury, death, protective order violations or a minor victim |
Texas
Texas treats stalking as a third-degree felony from the start. A prior conviction under this law or a similar law elsewhere makes it a second-degree felony.
Illinois
Illinois makes stalking a Class 4 felony, and a second or later conviction a Class 3 felony. Illinois also has separate laws for aggravated stalking and for cyberstalking.
California
California is a wobbler state. The basic offense can be a misdemeanor with up to a year in county jail or a felony. It carries more time when a restraining order or other court order was in place, or with certain prior convictions. The court can also issue a no-contact order that may last up to 10 years.
Florida
Florida calls basic stalking a first-degree misdemeanor, and its statute explicitly covers cyberstalking, including accessing someone’s online accounts or home electronic systems without permission. It becomes aggravated stalking, a third-degree felony, in the situations in the table.
New York
New York uses four degrees. The lowest, fourth degree, is a Class B misdemeanor. The degrees climb with aggravating facts, and second and first degree are felonies.
Federal law
Under 18 U.S.C. 2261A, a person can be charged federally for traveling across state lines, or using the mail, internet or another electronic communication system, with intent to injure, intimidate, surveil or harass, when the conduct puts someone in fear of death or serious injury or causes substantial emotional distress. Basic federal penalties reach up to five years in prison and a fine, with more for serious harm.
These are examples only. Your state may be different, and laws are amended often. SPARC publishes a state-by-state review of stalking statutes you can use to look up your own state.
What Makes Stalking a Felony?
The factors that most often raise stalking to a felony or to a higher degree:
- A prior stalking conviction, sometimes only within a set number of years.
- Violating a protective, restraining or no-contact order, or the terms of probation or release.
- A credible threat of harm.
- A weapon, including claiming to have one in some states.
- A minor victim, sometimes with an age-gap requirement.
- Physical injury or other related crimes.
What Is the Difference Between Stalking and Harassment?
The two overlap, but stalking generally requires a repeated pattern and fear or serious distress, while harassment can be a single unwelcome act or a narrower offense. Stalking is usually punished more heavily. Online, a harassment case can become a stalking case when the behavior is persistent, such as repeated messages from new accounts, tracking a person’s location or posting private information. Publishing someone’s private details can also be a separate crime. See our guide to whether doxxing is illegal.
What to Do If You Are Being Stalked
- If you are in immediate danger, call 911.
- Tell the person once, if it is safe, then stop replying. Some advocates advise against any contact. If you can, do not engage further, and do not delete anything.
- Keep a record. Save messages, voicemails and screenshots with dates and times. Write down each incident: what happened, when, where, and any witnesses.
- Report it. File a police report and ask for a copy or the report number. Ask about a protective order.
- Lock down your accounts. Change passwords, turn on two-factor authentication, check your phone for unknown apps or location sharing and review who can see your accounts. A password manager makes that easier.
- Reduce what can be found about you. People-search sites make it easy to find a home address. See our guide to removing your information from the internet.
- Get support. The National Domestic Violence Hotline (1-800-799-7233) helps people experiencing stalking by partners or others, and SPARC lists resources for victims at stalkingawareness.org.
Frequently Asked Questions
Is stalking a felony?
Sometimes. In states like Texas and Illinois, stalking is a felony from the first offense. In others, such as Florida and New York, basic stalking is a misdemeanor and aggravating facts make it a felony. California allows either.
Is stalking a misdemeanor or a felony on a first offense?
It depends on the state. A first offense can be either, based on the statute and on facts such as threats, a weapon or a protective order.
Is cyberstalking a felony?
It can be. Many states cover stalking by technology in their stalking or harassment laws, and federal law covers stalking that uses the internet or other electronic communication.
What is the punishment for stalking?
It ranges from up to a year in county jail for a low-level misdemeanor to multiple years in prison for a felony, plus fines, probation and protective orders. Federal basic penalties reach up to five years in prison, with more for serious harm.
Can stalking charges be dropped?
Prosecutors, not victims, decide whether to bring or drop criminal charges. A victim’s wishes matter, but the final decision belongs to the prosecutor.
How many incidents does it take to be stalking?
Usually at least two acts that form a pattern, though the wording varies by state. Some laws also cover a single act if the person already has a stalking conviction.
Should I talk to a lawyer?
If you are charged with stalking, yes, immediately. If you are a victim, a victim advocate or a lawyer can help with protective orders and reporting.
The Bottom Line
Stalking is taken seriously in every state, and in many states it is a felony. The right label for a particular situation depends on the state’s statute and on the facts. If you are being followed, watched or contacted in a way that scares you, you do not have to prove it is a felony before asking for help. Document it, report it and reach out to an advocate.
How we researched this
We read the statute text for Texas, California, Florida, Illinois and New York, the federal stalking law, and SPARC’s review of state laws and fact sheet. The examples are not a full 50-state list. Statutes change often, so check your state’s current law. This article is not legal advice and has not been reviewed by a lawyer licensed in your state.
