Most people think stalking means following someone around in a trench coat. But in Indiana, the law goes much further than that. Texting someone who asked you to stop. Showing up uninvited. Using an AirTag to track a car. All of this can land you in serious legal trouble.
Indiana takes stalking seriously. Penalties start at a felony level. That means jail time, fines, and a criminal record that follows you for life.
What Is Stalking in Indiana?
Indiana law defines stalking in a specific way. It is not just one creepy moment. It has to be a pattern.
Under Indiana Code 35-45-10-1, stalking means a knowing or intentional course of conduct. It involves repeated or continuing harassment. The behavior has to be serious enough to make a reasonable person feel terrorized, frightened, intimidated, or threatened. And it has to actually make the victim feel that way.
So simple. But also really important. Both pieces have to be true at the same time.
Wondering what counts as harassment? Indiana law defines it as repeated or continuing contact that causes emotional distress. That contact does not have to be in person. Calling, texting, emailing, and messaging on social media all count.
Basic Stalking Laws in Indiana
What Actions Can Count as Stalking?
Here is where things get interesting. Stalking is not limited to physically following someone around.
Indiana courts have recognized many types of stalking behavior. Showing up repeatedly at someone’s home or workplace without an invitation qualifies. So does calling or texting someone over and over after being told to stop. Sending unwanted messages online, leaving notes, or vandalizing property can also be part of a stalking pattern.
Here is something most people do not realize. Physical contact is not required. You do not have to touch anyone for stalking charges to apply. The fear and pattern of behavior are what matter most.
Not sure if something counts as stalking? Ask yourself: Is it repeated? Is it directed at one person? Would a reasonable person be scared? If you answered yes to all three, it might qualify.
The Behavior Must Be Repeated
This part is really important. One incident usually does not make a stalking case. The law requires a course of conduct. That means more than one act over time.
But here is a surprise. Indiana courts have found that multiple incidents in a single evening can count. In one case, a person banged on a victim’s door and window three separate times in five hours. That was enough to qualify as “repeated” harassment.
Yep, that’s all it takes sometimes. Frequency within a short timeframe can still meet the legal standard.
Penalties and Consequences
Level 6 Felony: The Starting Point
Stalking in Indiana is a felony from the very first offense. That is not a misdemeanor. It is not a fine you just pay and forget.
A standard stalking charge is a Level 6 felony. You could face six months to two and a half years in jail. Fines can reach up to $10,000. Think of it like a serious car accident on your record, but much worse.
Level 5 Felony: When It Gets More Serious
Okay, pause. Read this carefully. Certain situations push a stalking charge up to a Level 5 felony. That means one to six years in prison.
The charge becomes a Level 5 felony if you make an explicit or implicit threat intended to cause fear of sexual assault, serious injury, or death. It also becomes a Level 5 if you violated a protective order or no-contact order while stalking. Stalking someone while a prior criminal stalking complaint is already pending against you also triggers this upgrade. So does using a tracking device to stalk someone.
Level 4 Felony: The Most Severe Charge
Here is where it gets really serious. A stalking charge can become a Level 4 felony. That carries two to twelve years in prison.
This happens in two situations. First, if you stalked someone while armed with a deadly weapon. Second, if you have a prior stalking conviction against the same victim. A prior conviction does not have to be related to get charged at Level 4. The law just requires it to be against the same person.
Beyond Prison: Other Consequences
Honestly, jail time is not the only thing you need to worry about. A stalking conviction follows you everywhere.
You could have trouble finding a job or a place to live. After serving time, a court can also prohibit you from living within 1,000 feet of your victim’s home for up to five years. That restriction applies even while you are on probation or parole.
Tracking Devices: A New Layer of Indiana Law
Hold on, this part is important. Indiana has a specific law about tracking devices, sometimes called “Millie’s Law.”
This law was created after a woman was attacked by an ex-boyfriend who used a device to track her location without her knowledge. The legislature acted fast.
Under Senate Enrolled Act 161, placing a tracking device on someone’s property without their consent is now a Class A misdemeanor. That can mean up to one year in jail. It can rise to a Level 6 felony if you have a prior conviction or there is a protective order against you. And if you used the tracking device to actually stalk someone, it becomes a Level 5 felony.
There are some exceptions to the tracking law. It does not apply to law enforcement. It does not apply to the automotive industry. It also does not apply to family members placing devices on their own property, like a parent tracking their child’s car. But using a device to monitor an ex-partner without their consent? That is against the law.
Drone Stalking: Remote Aerial Harassment
Wait, it gets better. Indiana even has a stalking-related law about drones.
Under Indiana Code 35-45-10-6, operating an unmanned aerial vehicle in a way that is intended to harass someone is a criminal offense called “remote aerial harassment.” This means using a drone to follow or spy on someone counts as stalking behavior in Indiana.
Pretty straightforward, right? The law moves with the technology.
Cyberstalking and Online Harassment
Most people assume online behavior is a gray area. They find out the hard way. It is not.
Indiana’s stalking laws cover electronic communication. Repeated unwanted messages through any platform can form the basis of a stalking charge. This includes social media, email, texts, and even online gaming chats.
If the online harassment is serious enough to make someone feel terrorized or threatened, and it is repeated, it can meet the definition of stalking. The same felony penalties apply.
For lower-level online harassment that does not rise to stalking, Indiana also has a harassment law. Sending electronic messages with intent to harass, annoy, or alarm without a legitimate reason is a Class B misdemeanor. It is less severe than a felony, but still no joke.
Protective Orders and Stalking
Indiana offers protective orders to stalking victims. You are not alone in this. The legal system gives you tools.
A victim can apply for a civil protective order. If granted, it legally orders the stalker to stay away. Violating that protective order while continuing to stalk automatically upgrades the charge to a Level 5 felony. Courts can also include provisions that bar a person from using tracking devices as part of a protective order.
This is one of the most important things a victim can do. Getting a protective order creates a clear legal line. Crossing it makes the legal consequences much worse for the stalker.
Special Circumstances
Stalking a Minor
Stalking involving a minor can bring enhanced penalties. The law takes cases involving children especially seriously. Courts look at the age and vulnerability of the victim when considering charges and sentencing.
Stalking by a Stranger
Many people assume stalking only happens between former partners. That is one of the biggest myths out there. Stalking can involve total strangers. It can happen between neighbors. It can happen in a workplace. It can even happen between people who only know each other online.
Personally, I think this is the part most people miss. They picture a dramatic movie scenario. Real stalking is often quieter and harder to identify.
Constitutionally Protected Activity
There is one important limit to Indiana’s stalking law. It does not apply to activities that are legally or constitutionally protected. Lawful picketing and labor-related activities are examples of protected conduct. Free speech is another defense that sometimes comes up in stalking cases. But speech that poses an immediate threat to someone is generally not protected.
How to Report Stalking in Indiana
You deserve to feel safe. Here is what you can do right now if you are being stalked.
Start by documenting everything. Save texts, emails, and screenshots. Write down dates, times, and what happened. This evidence matters in court.
Contact local law enforcement to report the behavior. You can file a report with your local police department or sheriff. If you feel you are in immediate danger, call 911.
You can also apply for a protective order through your local court. An attorney or a victim advocate at a local domestic violence organization can help you with this process at little or no cost.
The Indiana Coalition Against Domestic Violence can be reached at 1-800-332-7385. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. These organizations can connect you with local resources.
If you have been charged with stalking, consult a criminal defense attorney immediately. The laws are complex. The stakes are high.
Frequently Asked Questions
Does stalking have to happen in person to be a crime in Indiana? No. Online messages, phone calls, texts, and emails can all count as stalking if they are repeated and cause fear.
What is the minimum penalty for stalking in Indiana? A first-offense stalking charge is a Level 6 felony, which carries six months to two and a half years in jail and fines up to $10,000.
Can using an AirTag or GPS tracker on someone’s car be illegal in Indiana? Yes. Placing a tracking device on someone’s property without consent is now a misdemeanor in Indiana and can rise to a felony in certain circumstances.
Does the stalker have to threaten me directly for it to be stalking? No. Even behavior without a direct threat can qualify if it causes a reasonable person to feel terrorized or frightened.
What should I do if I have a protective order and someone keeps contacting me? Report the violation to law enforcement immediately. Violating a protective order while stalking you automatically makes the offense a more serious felony.
Final Thoughts
Indiana stalking laws are broad, serious, and getting stronger every year. They cover in-person behavior, online contact, tracking devices, and even drones.
If you think you are being stalked, document everything and reach out to law enforcement or a victim advocate. If you are facing charges, talk to a criminal defense attorney right away.
Now you know the basics. Stay informed, stay safe, and when in doubt, talk to a lawyer.
References
- Indiana Code 35-45-10 Stalking Statutes – Justia (2025 Indiana Code)
- Indiana Code 35-38-2-2.6 Probation Conditions for Stalking – Justia (2025 Indiana Code)
- Indiana Stalking Laws Overview – Keffer Hirschauer LLP
- Senate Enrolled Act 161: Tracking Device Law – Indiana Senate Republicans
- Cyberbullying and Stalking Laws in Indiana – Criminal Defense Lawyer
