Travelling from one state to another in order to stalk can be a federal crime

I continually get web contacts complaining about someone from one state coming into their state to stalk them, asking if it is a crime, and if so who should investigate the crime. The answer is simple, it is a crime that can be prosecuted by the Feds., as well as the jurisdiction that it takes place in.) Please go on the internet and look up Title 18 USCS 2261A. I am not going to write out this law because as with most federal statutes they are extremely lengthy. The key areas that you need to be aware of is in the wording: “Whoever (1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure or harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family... (it goes on and on), but you get the idea.

If the Feds do not get involved with working an interstate stalking scenario; the crime can still be investigated and hopefully successfully prosecuted.  That is why when prosecutors and other law enforcement entities contact me concerning how they can deal with someone stalking or feloniously harassing someone in their state from another state, we tell them to charge them under their state’s statutes and then get a felony warrant, place it in NCIC (National Crime Information Center-data base) and go after the stalker wherever her or she may be and extradite them back to their jurisdiction for prosecution.

Example: We recently had a web contact from a victim who said that a female who was upset with her for now dating a male who had dumped her (probably because of her strange and controlling behavior), and was harassing her via the Internet, phone, text, as well as having her accompanied by one of her sons cross over interstate lines to attempt contact at the victim’s residence. The son and mother were both surveilling and doing things at her residence that generated both fear in the victim but others that resided with her. In our opinion, both the 18 year old son and the mother are both culpable under the stalking charging section. (This is also an example of third party stalking, and triangle stalking-see Antidote For A Stalker for more information on these two concepts.)


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