Public Law 119-73 (01/23/2026)

18 U.S.C. § 2261A

Stalking

Whoever—
(1)
travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—
(A)
places that person in reasonable fear of the death of, or serious bodily injury to—
(i)
that person;
(ii)
an immediate family member (as defined in section 115) of that person;
(iii)
a spouse or intimate partner of that person; or
(iv)
the pet, service animal, emotional support animal, or horse of that person; or
(B)
causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2)
with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—
(A)
places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or
(B)
causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) or section 2261B, as the case may be.

Pub. L. 104–201, div. A, title X, § 1069(a)110 Stat. 2655Pub. L. 106–386, div. B, title I, § 1107(b)(1)114 Stat. 1498Pub. L. 109–162, title I, § 114(a)119 Stat. 2987Pub. L. 113–4, title I, § 107(b)127 Stat. 77Pub. L. 115–334, title XII, § 12502(a)(1)132 Stat. 4982Pub. L. 116–249, § 2(c)134 Stat. 1126(Added , , ; amended , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–249section 2261(b) of this title2020— substituted “section 2261(b) or section 2261B, as the case may be” for “” in concluding provisions.

Pub. L. 115–334, § 12502(a)(1)(A)2018—Par. (1)(A)(iv). , added cl. (iv).

Pub. L. 115–334, § 12502(a)(1)(B)Par. (2)(A). , inserted “, a pet, a service animal, an emotional support animal, or a horse” after “to a person” and substituted “(iii), or (iv)” for “or (iii)”.

Pub. L. 113–42013— amended section generally. Prior to amendment, section related to stalking.

Pub. L. 109–1622006— amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results in substantial emotional distress to a person within the purview of the offense proscribed.

Pub. L. 106–386section 1365(g)(3) of this titlesection 115 of this titlesection 2261 of this title2000— reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass 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 (as defined in ) to, that person or a member of that person’s immediate family (as defined in ) shall be punished as provided in .”

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–4section 4 of Pub. L. 113–4section 2261 of this titleAmendment by not effective until the beginning of the fiscal year following , see , set out as a note under .