Unlike other crimes such as speeding and murder, there is no "master list" of behaviors that constitute harassment (i.e., stalking and harassment).
Below is a list of behaviors that could potentially be considered stalking and harassment (Stalking Resource Center; WVFRIS). Note that this list is not all-inclusive.
- Surveillance or watching the victim (sitting in a car in front of the victim's house, going through the victim's trash, contacting the victim's family and friends, etc.);
- Pursuing/following the victim;
- Unexpected appearances where the victim works, lives, goes to school, or visits;
- Approaching or confronting the victim, perhaps even in violation of a protective order;
- Telephone harassment, which might include playing disturbing music, hang-ups, or threats;
- Sending/giving unwanted gifts, letters, or e-mails to the victim;
- Monitoring of telephone calls or computer use;
- Use or misuse of technology to stalk and harass (see below);
- Spreading rumors or otherwise defaming the victim's character;
- Vandalism or other destruction of property;
- Threats to the victim and/or her/his family, friends and pets;
- Physical attacks; and
- Sexual assault.
Except for vandalism, threats, and physical and sexual violence, each of the above behaviors alone could be considered annoying and perhaps disturbing, but not necessarily criminal. It is the cumulative pattern of behaviors that forms the "course of conduct" that can cause the targeted individual to be afraid and distressed. For example, a single e-mail or bouquet of flowers may not be frightening, but 150 e-mails, bouquets of dead flowers and late-night threatening calls become something that cannot and should not be ignored.
Every stalking situation is different. Because involved behaviors may be viewed as innocent or even romantic, stalking and harassment can be difficult to prove, much less prosecute.
Note on Terminology: For the ease of reading the remainder of this section, the term "stalking" will be used to refer to both stalking and harassing behaviors, since that is the inclusive term used in federal legislation.