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Stalking in Washington, D.C.
Under Washington, D.C. law, stalking generally means purposefully engaging in a course of conduct directed at a specific person when the accused intended, knew, or should have known that the conduct would cause legally significant fear, alarm, or emotional distress.
A disagreement, unwanted interaction, or upsetting encounter does not constitute stalking. The government—or the petitioner seeking an anti-stalking order—must establish each required element under D.C. law.
Focusing its practice exclusively to D.C. Superior Court, Koehler Law represents clients in criminal stalking cases and anti-stalking-order proceedings in D.C. Superior Court. To discuss a case, call 202-549-2374.
What constitutes stalking in Washington, D.C.?
Under D.C. Code § 22-3133, stalking has two central requirements:
- The accused must purposefully engage in a course of conduct directed at a specific individual.
- The accused must intend, know, or have reason to know that the conduct would cause the required degree of fear, alarm, or emotional distress.
Both requirements matter. Conduct is not necessarily stalking simply because another person considers it objectionable or upsetting.
What is a “course of conduct”?
A course of conduct generally requires conduct on at least two occasions. It can include:
- Following or monitoring another person
- Placing someone under surveillance
- Threatening or communicating with someone
- Interfering with another person’s property
- Using another person to carry out the conduct
- Engaging in repeated conduct online or through electronic communications
A continuing act can count as a separate occasion for each 24-hour period. The alleged conduct on each occasion does not have to be identical.
The conduct must also be directed at a particular person. In Graham v. T.T., 347 A.3d 357 (D.C. 2025), the D.C. Court of Appeals concluded that two opportunistic food thefts were not shown to have been specifically directed at the petitioner.
What mental state must be proven?
The evidence must show that, on the qualifying occasions, the accused:
- Intended to cause the prohibited effect;
- Knew the conduct would reasonably cause that effect; or
- Should have known that it would cause a reasonable person in the other individual’s circumstances to experience that effect.
The “should have known” standard is objective. The court considers what a reasonable person in the accused’s position would have understood—not merely what the accused later claims to have intended.
The necessary mental state must exist for at least two of the occasions used to establish the course of conduct. See Coleman v. United States, 202 A.3d 1127 (D.C. 2019).
How serious must the fear or emotional distress be?
The conduct must cause—or be intended, known, or reasonably expected to cause—a person to:
- Fear for their safety or another person’s safety;
- Feel seriously alarmed, disturbed, or frightened; or
- Suffer emotional distress.
This is a demanding legal standard. Ordinary nervousness, unhappiness, irritation, or discomfort is generally insufficient.
The D.C. Court of Appeals has explained that the harm must rise significantly above what people commonly experience in everyday life and must severely intrude on the person’s privacy or autonomy. See Coleman and Keerikkattil v. United States, 313 A.3d 591 (D.C. 2024).
“Fear for safety” generally means fear of significant injury or comparable harm. “Emotional distress” means significant mental suffering or distress, although professional treatment is not necessarily required.
Can speech or messages constitute stalking?
Communications may be relevant to a stalking allegation, but D.C. Code § 22-3133 expressly excludes constitutionally protected activity.
The First Amendment can therefore be central when a stalking allegation is based partly or entirely on speech, text messages, emails, social-media posts, or other communications.
In Mashaud v. Boone, 295 A.3d 1139 (D.C. 2023), the D.C. Court of Appeals held that protected speech cannot supply the course of conduct required to establish stalking. Speech may be considered when it falls within an unprotected category, such as a true threat, defamation, fraud, incitement, obscenity, or speech integral to separate criminal conduct.
The court reinforced that principle in Graham v. T.T. in 2025. Context can help determine whether speech is protected, but offensive or distressing language does not lose First Amendment protection for that reason alone.
What are the penalties for stalking in D.C.?
For a standard stalking offense, a conviction can result in:
- Up to 12 months in jail;
- A criminal fine; or
- Both imprisonment and a fine.
More serious penalties can apply in certain circumstances. Under D.C. Code § 22-3134, imprisonment of up to five years may be possible when, among other things:
- A no-contact court, parole, or supervised-release order was in effect;
- The accused had a qualifying prior stalking conviction;
- The alleged target was under 18 and the accused was at least four years older; or
- The conduct caused more than $2,500 in financial injury.
A person with two or more qualifying prior stalking convictions may face imprisonment of up to 10 years.
The sentence in any particular case depends on the applicable statutory provision, the evidence, prior history, aggravating circumstances, and the outcome of plea negotiations or trial.
Is diversion available in a first stalking case?
Some first-time defendants may be considered for a diversion or other non-trial resolution. Diversion is not automatic, however, and eligibility depends on the allegations, the defendant’s background, the prosecutor’s position, and other case-specific factors.
Because stalking is treated as a serious offense, incarceration remains possible even when the defendant has no prior conviction.
What is the difference between a stalking charge and an anti-stalking order?
A criminal stalking prosecution and an anti-stalking-order proceeding are separate legal matters.
A criminal case is brought by the government and can result in a conviction, incarceration, fines, probation, and a criminal record.
An anti-stalking order is a civil protective remedy requested by a petitioner. The court may issue an order if stalking is proven by a preponderance of the evidence and at least one qualifying occasion occurred within 90 days before the petition was filed.
Although an anti-stalking-order proceeding is civil, the consequences can still be substantial. An order may restrict contact, communications, movement, and other conduct. Violating an order can create additional legal exposure.
Common defenses to a D.C. stalking allegation
The defenses available depend on the facts, but frequently disputed issues include:
- The alleged conduct occurred fewer than two times.
- The conduct was not directed at the complaining person.
- The accused lacked the required mental state.
- A reasonable person would not have experienced the degree of harm required by the statute.
- The alleged fear, alarm, or distress did not rise to the statutory level.
- The allegation depends on constitutionally protected speech.
- Witness accounts, electronic records, or other evidence are incomplete or unreliable.
- The government or petitioner cannot connect the accused to the alleged conduct.
- At least one required occasion falls outside the relevant time period for an anti-stalking-order petition.
An effective defense begins with identifying precisely which alleged incidents are being used to establish the required course of conduct and testing every incident against the statute.
Do I need a lawyer for a D.C. stalking case?
A person has the right to represent themselves in a criminal case or anti-stalking-order proceeding. Self-representation is rarely advisable, however.
These cases can involve overlapping criminal, civil, evidentiary, and constitutional issues. Statements made in one proceeding may also affect another matter. A defense lawyer can evaluate the alleged incidents, preserve electronic evidence, cross-examine witnesses, address First Amendment issues, and help the client avoid conduct that could complicate the case.
Why choose Koehler Law?
Koehler Law focuses on criminal defense and protection-order litigation in D.C. Superior Court. The firm has handled hundreds of trials and has substantial experience defending stalking allegations and anti-stalking-order petitions.
In August 2026, a D.C. Superior Court judge denied a protection-order petition involving a stalking allegation against a Koehler Law client. The client later emphasized the firm’s honesty, responsiveness, calm guidance, and successful advocacy during a highly stressful proceeding.
Every case is different, and a prior result does not guarantee a similar outcome.
Speak with a D.C. stalking defense lawyer
If you have been charged with stalking, are under investigation, or have been served with an anti-stalking-order petition, early legal advice can help protect your rights and prevent avoidable mistakes.
Call Koehler Law at 202-549-2374 to discuss your case.
Frequently asked questions about D.C. stalking law
How many incidents are required for stalking in D.C.?
A course of conduct generally requires conduct on two or more occasions. A continuing act may count as another occasion for each 24-hour period.
Does an unpleasant encounter qualify as stalking?
Not necessarily. The statute addresses seriously troubling conduct—not every unpleasant, annoying, or mildly worrying interaction.
Can text messages or social-media posts be stalking?
Potentially. Electronic communications may be part of an alleged course of conduct, but constitutionally protected speech cannot itself be punished as stalking.
Does the accused have to intend to frighten someone?
Not always. Liability may be based on intent, actual knowledge, or what the accused objectively should have known under the circumstances.
Can someone go to jail for stalking in Washington, D.C.?
Yes. A standard offense carries up to 12 months of imprisonment. Certain aggravating circumstances or prior convictions can increase the maximum sentence.
What is the filing deadline for a D.C. anti-stalking order?
At least one occasion forming the alleged course of conduct must generally have occurred within the 90 days before the petition was filed.
Is an anti-stalking order a criminal conviction?
No. It is a civil order, although violating the order can lead to additional legal consequences.
Last legally reviewed: September 16, 2026. This page provides general information and is not legal advice.