On July 27, the House approved, by voice vote, the Simplifying the Ambiguous Law, Keeping Everyone Reliably Safe (STALKERS) Act (H.R. 5662).
Sponsored by Rep. Loretta Sanchez (D-CA), the measure would clarify that law enforcement officials can prosecute instances of stalking where an individual “engages in conduct that would be reasonably expected to cause the other person serious emotional distress.” Current law permits stalking victims and law enforcement officials to prosecute instances where an individual’s conduct resulted in actual emotional distress, bodily harm, or caused the victim to have a reasonable fear of bodily harm.
The legislation would extend the current law to address instances of stalking via emerging technologies, such as cyberstalking or other forms of surveillance.
The bill also would increase by five years the penalties for stalking if the individual violates a court protective order or if the stalking victim is under the age of 18 or over age 65.
Finally, the bill would require the attorney general to study best practices at the federal, state, local, and tribal levels to address stalking nationwide.
Speaking in support of the bill, Rep. Sanchez said, “Current federal stalking statutes simply have not caught up with what is going on with the new tools and the emerging technologies that criminals have at their disposal. So the STALKERS Act would bring our lives into the 21st century by giving law enforcement the tools that it needs to combat stalking in the digital age. The STALKERS Act would protect victims and empower prosecutors by increasing the scope of existing laws to cover acts of electronic monitoring, including spyware, bugging, video surveillance, and other new technologies, as they develop. Currently, federal laws cannot be enforced unless stalking victims can demonstrate that they are in reasonable fear of physical injury. Because stalking is often a gateway to more violent acts, by the time a victim can actually demonstrate that they have ‘reasonable fear,’ it may be too late. So the STALKERS Act lowers the threshold for action by permitting law enforcement to prosecute any act of stalking that is reasonably expected to cause another person serious emotional distress. Our laws should help to protect the victims, not serve as a roadblock to their safety.”
