Virginia criminal charge
Stalking in Virginia
Stalking is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-60.3. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-60.3.
What is the penalty for stalking in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Stalking (first offense) — A person, other than an exempted law-enforcement officer or regulated private investigator acting within official/legitimate duties, who on more than one occasion engages in conduct directed at another with intent to place, or knowing or reasonably should know it places, that person or their family/household member in reasonable fear of death, criminal sexual assault, or bodily injury.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Stalking (first offense) — A person, other than an exempted law-enforcement officer or regulated private investigator acting within official/legitimate duties, who on more than one occasion engages in conduct directed at another with intent to place, or knowing or reasonably should know it places, that person or their family/household member in reasonable fear of death, criminal sexual assault, or bodily injury.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Stalking (second offense within five years) — A person convicted of a second violation of subsection B within five years of a prior conviction for such an offense under this section or a substantially similar offense in another jurisdiction.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Stalking (second offense within five years) — A person convicted of a second violation of subsection B within five years of a prior conviction for such an offense under this section or a substantially similar offense in another jurisdiction.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is stalking classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking (first offense) | class 1 misdemeanor | A person, other than an exempted law-enforcement officer or regulated private investigator acting within official/legitimate duties, who on more than one occasion engages in conduct directed at another with intent to place, or knowing or reasonably should know it places, that person or their family/household member in reasonable fear of death, criminal sexual assault, or bodily injury. | Va. Code Ann. § 18.2-60.3B |
| Stalking (second offense within five years) | class 6 felony | A person convicted of a second violation of subsection B within five years of a prior conviction for such an offense under this section or a substantially similar offense in another jurisdiction. | Va. Code Ann. § 18.2-60.3C |
Common questions about stalking in Virginia
Is stalking a felony or a misdemeanor in Virginia?
It depends on the circumstances: stalking ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-60.3.
Stalking (first offense): class 1 misdemeanor (Va. Code Ann. § 18.2-60.3B) · Stalking (second offense within five years): class 6 felony (Va. Code Ann. § 18.2-60.3C)
What are the penalties for stalking in Virginia?
Which Virginia statute covers stalking?
Stalking is governed by Va. Code Ann. § 18.2-60.3 (Stalking; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.