What is the Legal Definition of Stalking and Cyberstalking in North Carolina?

A Misunderstanding or a Crime? When Your Actions Cross a Dangerous Line

In today’s world of social media, instant messaging, and GPS tracking, the lines of communication are constantly blurred. After a messy breakup, you might check your ex’s public social media profile. You might send a few too many text messages, asking for another chance. You might even drive by their house in Greensboro or High Point, hoping to talk.

In your mind, you’re just trying to sort things out. In the eyes of North Carolina law, you could be committing a serious crime: stalking or cyberstalking.

An accusation of this nature can be a profound shock. It can turn a personal dispute into a public criminal case. Suddenly, you’re facing a restraining order, a criminal record, and even jail time. You feel like your actions are being twisted and misunderstood.

If you are facing an allegation of stalking or cyberstalking, you need to take it with the utmost seriousness. But you also need to know that there are two sides to every story. For decades, the team at the Huggins Law Firm has been defending people across the Piedmont Triad—from Burlington to Asheboro, Graham to Kernersville—who have been caught in this confusing and frightening situation. Our job is to listen to you, investigate the facts, and protect your rights. This guide is here to explain the law and what you need to do to defend yourself.

What is “Stalking” in North Carolina? A Look at the Law

The crime of stalking is defined in North Carolina General Statute § 14-277.3A. The law is more complex than what you see in movies. To convict you, the prosecutor has to prove two main things beyond a reasonable doubt.

1. You engaged in “Harassment.” This means you knowingly took part in a “course of conduct” directed at a specific person, without a legal purpose, that would cause a reasonable person to feel fear. A “course of conduct” means it happened on two or more occasions.
2. Your actions caused the person to have “Reasonable Fear.” The prosecutor must prove that your conduct would cause a reasonable person to fear for their safety, the safety of their family, or their property.

It’s not just about following someone. It can be a pattern of unwanted phone calls, showing up at their workplace, or leaving items for them. The key is the pattern of behavior and the reasonable fear it creates.

• A “Less Talked About” Stat: The relationship between the parties is a huge factor in these cases. The Bureau of Justice Statistics (BJS) provides the most detailed data on stalking in the U.S. A little-known fact from their research is that the vast majority of stalking victims are stalked by someone they know. A huge percentage are stalked by a former intimate partner. This is why these charges are so common after a breakup and are often linked to domestic disputes.

The Digital Footprint: Understanding the Crime of “Cyberstalking”

The stalking law in North Carolina was updated to include modern technology. “Cyberstalking” isn’t a separate crime; it’s just a way of committing the crime of stalking using electronic communication. This has become the most common way these charges arise.

What kind of online behavior is a crime? Any of the following actions, if they are part of a pattern that causes reasonable fear, can be considered cyberstalking:

• Sending repeated, unwanted text messages, emails, or direct messages.
• Constantly calling and hanging up.
• Posting harassing, false, or private information about the person on social media.
• Creating fake online profiles to contact or monitor the person.
• Using GPS trackers (like an Apple AirTag) to secretly track a person’s location.
• Using spyware on a person’s phone or computer.

The Evidence Trail: How Prosecutors Use Your Phone Against You Unlike a traditional stalking case, a cyberstalking case leaves a massive digital footprint. The prosecutor can and will subpoena your phone records, text message history, and social media data. This digital trail can become their most powerful weapon against you.

• A Sobering Stat: The BJS data on stalking also reveals the role of technology. A significant percentage of all stalking victims reported that their perpetrator used some form of electronic technology. The most common of these by far was unwanted text messaging and phone calls. This shows just how easily a pattern of communication after a breakup can be used to build a criminal case.

The Immediate Consequence: Stalking and the 50B/50C Protective Orders

Often, the very first legal trouble you will face is not a criminal charge, but a restraining order. In North Carolina, there are two main types.

1. The Domestic Violence Protective Order (DVPO or “50B” Order): If the accuser is a current or former spouse, a person you’ve lived with, or someone you have a child with, they can file for a DVPO under Chapter 50B. A DVPO can immediately kick you out of your home, stop you from seeing your children, and take away your gun rights.
2. The Civil No-Contact Order (“50C” Order): If you do not have a domestic relationship with the accuser (e.g., a former casual dating partner, a neighbor, a coworker), they can file for a No-Contact Order under Chapter 50C. This order can prohibit you from contacting or coming near the person.

A stalking or cyberstalking accusation is often the primary evidence used to get one of these orders against you. You can be fighting a restraining order in civil court while also fighting a criminal charge in criminal court. It is a legal nightmare.

The Penalties: Why a Stalking Charge is a Serious Threat to Your Future

A first-offense stalking or cyberstalking charge is a Class A1 misdemeanor. This is the most serious class of misdemeanor in North Carolina.

• The Penalties: A conviction can carry up to 150 days in jail, probation, heavy fines, and mandatory psychological assessment or treatment.
• When it Becomes a Felony: Stalking can be charged as a Class F felony if you commit the crime while a protective order (like a DVPO) is already in place.

But the court-ordered punishment is only the beginning. A conviction for stalking is a permanent red flag on your criminal record. It can impact your ability to get a job, a professional license, and can be devastating in a child custody case.

“I Was Just Checking Up on Them”: How We Build Your Defense

The line between unwanted contact and criminal stalking is all about context and intent. The state has to prove that your actions were malicious and caused a reasonable person to be in fear. Our job as your defense lawyers is to show that they cannot.

• We Challenge the “Course of Conduct.” Was this a pattern of behavior, or was it a single, isolated incident of anger or frustration? A one-time angry text message is not a “course of conduct” and does not meet the legal definition of stalking.
• We Challenge the “Reasonable Fear.” This is a key defense. Was the alleged victim’s fear actually reasonable? We investigate the full context of your relationship and the communication. We look for evidence that the accuser was not truly afraid. Did they continue to communicate with you voluntarily? Did they wait weeks to call the police?
• We Argue “Legitimate Purpose.” The law says the contact must be for “no legitimate purpose.” What if you were contacting the person to arrange for the return of your property or to discuss your children? These are legitimate purposes, not harassment.
• We Protect Your First Amendment Rights. Your right to free speech is not unlimited, but it is powerful. Posting a negative opinion about someone online is generally not a crime. We can argue that your online posts were constitutionally protected speech, not a “true threat.”

Why You Need a Lawyer with a Modern Approach to a Modern Crime

Stalking and cyberstalking charges live and die on digital evidence and the nuances of human relationships. You need a law firm that understands this modern landscape.

• We Understand Digital Evidence. Our team knows how to obtain and analyze the digital evidence that is the heart of these cases. We know how to subpoena social media records, how to interpret cell phone location data, and how to find the digital evidence that can prove your innocence.
• We Understand the Link to Family Law. Because these charges so often arise from a divorce or custody battle, our firm’s deep experience in both Criminal Law and Family Law gives us a unique and powerful advantage. We don’t just see the criminal charge; we see the full picture. We understand when an accuser might be using the criminal system to gain an advantage in family court, and we know how to expose it.
• We Are Your Discreet, Non-Judgmental Advocates. We understand the sensitive and often embarrassing nature of these allegations. We provide a confidential place for you to tell your side of the story. Our job is to defend you, not to judge you.

Key Takeaways for a North Carolina Stalking or Cyberstalking Case

• Stalking is a “Course of Conduct”: A single, isolated act is not enough. The state must prove a pattern of harassment that caused reasonable fear.
• Cyberstalking is Stalking: The law applies the same way to repeated, unwanted text messages, social media posts, and electronic tracking.
• The Consequences are Serious: Stalking is a Class A1 misdemeanor, the most serious kind. It becomes a felony if you violate a protective order.
• These Charges are Often Linked to Protective Orders: An accusation of stalking is often used to get a 50B or 50C restraining order, which can have immediate and life-altering consequences.
• Your Intent and the Context Matter: The state has to prove your actions were for no legitimate purpose and caused a reasonable person to be in fear.