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Works Across Party Lines to Clarify Federal Stalking Statutes and Increase Penalties for Offenders

Today, Congresswoman Virginia Foxx (NC-05) praised the passage of the STALKERS Act (H.R. 5662), a bill that improves federal stalking laws to ensure victims are protected and offenders are punished.  Foxx is the lead Republican co-sponsor of the bill, which today received the public endorsement of ESPN reporter Erin Andrews, who is also publicly advocating for stronger stalking laws. 

Foxx released the following statement on the STALKERS Act passing the House:

“The House did the right thing by passing the STALKERS Act today.  We should have zero tolerance for those who prey on others through stalking or cyberstalking.  Stalkers inflict real pain in the lives of thousands of people every year, and with the growing threat of cyberstalking, federal stalking laws are long overdue for an update.

“This is an especially important bill for America’s women—an estimated 1 in 12 of whom will be a victim of stalking during their lifetime.  This bill helps protect women who may be vulnerable to stalkers, especially those who are trying to escape abusive relationships and potential stalkers. 

“By giving law enforcement the tools to protect the vulnerable and fully prosecute all forms of stalking we can fight back against the fear that victims of stalking must deal with on a daily or even hourly basis.  Stalking is a crime that can lead to domestic abuse and violence.  By cracking down on stalking we can help prevent the vile crime of domestic violence.

“The STALKERS Act will put the fear where it belongs—in the hearts of the lawbreaking stalkers who prey on others.  Under this important bill, prosecutors will be empowered to crack down on both conventional stalkers and today’s malicious cyberstalkers, helping make our country safer by reining in the abuses of stalkers lurking on our streets and on the web.”

About the STALKERS Act, H.R. 5662: Currently, federal laws are focused on “conventional” acts of stalking (following someone across state lines, sending unsolicited mail, or making harassing phone calls). With the advent of cyberstalking these protections are inadequate. The STALKERS Act would increase the scope of existing laws to cover acts of electronic surveillance, such as spyware, bugging, video surveillance, and other new technologies as they develop.

The bill empowers law enforcement to prosecute any act of stalking that is “reasonably expected” to cause another person serious emotional distress. Currently, federal laws cannot be enforced unless a victim demonstrates a reasonable fear of physical injury, but stalking victims often do not recognize significant threats until it is too late for law enforcement to intervene. The STALKERS Act would give authorities the power to stop stalkers even if a victim is not fully aware of the danger he or she may be facing.

Finally, the STALKERS Act would expand the scope of federal stalking laws to give the broadest possible mandate to federal law enforcement. The bill increases the punishment for stalking offenses in certain special cases: for stalking in violation of a protective order and stalking that targets minors or the elderly. In all three cases, the maximum sentence increases by five years. The bill also requires the Attorney General to annually evaluate federal, state, and local efforts to enforce stalking laws, and submit an annual report on what works – and what doesn’t work – in the enforcement of these laws.

The STALKERS Act also recently received the full endorsement of the National Center for Victims of Crime.