Stalking is always a felony under Indiana stalking laws, starting at a Level 6 felony and climbing to Level 4 when weapons, threats, tracking devices, court orders, or repeat offenses are involved. The state punishes a pattern of knowing or intentional harassment that puts a reasonable person in fear, and it gives victims a separate civil route — a protective order — that does not depend on a criminal case being filed.
What Counts as Stalking in Indiana
Indiana defines stalking as a knowing or intentional course of repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened, and that actually causes the victim to feel that way.1Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-1 – Stalk Defined Two things have to line up. The behavior must be objectively frightening, and the specific victim must actually be frightened by it. Miss on either side and the charge fails.
The statute requires a “course of conduct,” meaning at least two separate incidents. A single unsettling encounter, no matter how disturbing, does not qualify. The pattern is the point: repeated unwanted contact, following, showing up at a workplace, or persistent threatening messages spread across days or weeks.
The stalking chapter uses its own definition of harassment. Under IC 35-45-10-2, harassment for stalking purposes is conduct directed at a victim that includes repeated or continuing unwanted contact that would cause a reasonable person emotional distress and does cause the victim distress.2Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-2 – Harassment Defined The definition explicitly excludes constitutionally protected activity, including lawful picketing during a labor dispute.
Intent matters too. The accused must have acted knowingly or intentionally, meaning aware that the behavior was likely to frighten or distress the victim. Genuinely accidental or coincidental encounters do not qualify even if the victim was afraid.
Felony Penalties by Level
Every stalking charge in Indiana is a felony. There is no misdemeanor version of the offense. Which level applies depends on the aggravating facts.
Level 6 Felony
Basic stalking is a Level 6 felony. The sentencing range is six months to two and a half years in prison, with an advisory sentence of one year, plus a possible fine of up to $10,000. This is the charge when the conduct meets the statutory definition but none of the enhancement factors apply.3Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-5 – Criminal Stalking
Level 5 Felony
Stalking becomes a Level 5 felony, carrying one to six years in prison and a fine of up to $10,000, when any of several aggravating factors apply.4Indiana General Assembly. Indiana Code Title 35, Article 50, Chapter 2, Section 35-50-2-6 – Level 5 Felony The triggers are:
- The stalker made an explicit or implicit threat of sexual battery, serious bodily injury, or death.
- A domestic violence protective order, no-contact order, or similar order was already in place to protect the victim and the stalker had actual notice of it.
- The conduct violated a no-contact order issued as a condition of bail, pretrial diversion, or probation.
- The stalker used a GPS or other tracking device to monitor the victim’s location.
- A criminal stalking complaint involving the same victim was already pending and the stalker had actual notice of it.
The tracking-device enhancement catches conduct that some people assume is a gray area. Placing a GPS unit on someone’s car or using phone-tracking software to follow a victim’s movements pushes the charge from Level 6 to Level 5 on its own.3Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-5 – Criminal Stalking
Level 4 Felony
The most serious tier is a Level 4 felony, carrying two to twelve years in prison and a fine of up to $10,000.5Indiana General Assembly. Indiana Code Title 35, Article 50, Chapter 2, Section 35-50-2-5.5 – Level 4 Felony It applies in two situations: the stalker was armed with a deadly weapon during the conduct, or the stalker has a prior unrelated stalking conviction involving the same victim.3Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-5 – Criminal Stalking The same-victim requirement matters. A prior stalking conviction involving a different person will not trigger the Level 4 enhancement.
Related Charges When Conduct Falls Short of Stalking
Behavior that does not meet the stalking threshold can still be charged under other statutes. Unwanted phone calls, messages, or electronic communications made with intent to harass or alarm, without legitimate purpose, can be charged as harassment, a Class B misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000.6Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 2, Section 35-45-2-2 – Harassment; Obscene Message Defined7Indiana General Assembly. Indiana Code Title 35, Article 50, Chapter 3, Section 35-50-3-3 – Class B Misdemeanor The statute covers calls, written communications, and messages sent by email or social media.
Knowingly violating a protective order or no-contact order is a separate crime called invasion of privacy, a Class A misdemeanor.8Indiana General Assembly. Indiana Code Title 35, Article 46, Chapter 1, Section 35-46-1-15.1 – Invasion of Privacy; Offense; Penalties Someone who violates a protective order while stalking can face both the invasion-of-privacy charge and an enhanced Level 5 stalking charge, and the penalties can stack.
Defenses to a Stalking Charge
The common defenses in Indiana stalking cases track the elements the prosecution must prove.
Lack of intent. Because the statute requires knowing or intentional conduct, a defendant who can show the encounters were genuinely coincidental, or that they did not realize their behavior was frightening, may defeat the charge. This is harder than it sounds. Prosecutors often use the sheer volume of contact to infer that the accused knew exactly what they were doing.
No course of conduct. If the alleged behavior amounts to a single incident, it fails the statutory definition. The defense focuses on showing that two or more qualifying incidents did not occur, or that whatever did happen was too isolated to constitute a pattern.
Constitutionally protected activity. Indiana’s stalking definition explicitly excludes activity protected by the constitution or other statutes.1Indiana General Assembly. Indiana Code Title 35, Article 45, Chapter 10, Section 35-45-10-1 – Stalk Defined Lawful protest, picketing during a labor dispute, and legitimate journalism can fall inside that exception. The carve-out is narrower than defendants sometimes expect.
Unreasonable fear or consensual contact. The statute has both an objective prong (reasonable person) and a subjective prong (actual fear). Failing either is a defense. This argument surfaces most often in cases involving former romantic partners, where the boundary between welcome and unwelcome contact shifted over time.
Protective Orders for Victims
Indiana’s protective-order system runs in parallel with the criminal process. A victim can petition for a protective order by showing that stalking has occurred or that a credible threat exists. No criminal charges need to be filed first.
Some relief can be granted immediately on an emergency (ex parte) basis, without a hearing unless the respondent requests one. That includes orders prohibiting the stalker from contacting the victim directly or indirectly, requiring the stalker to stay away from the victim’s home, workplace, and school, and banning use of tracking devices to monitor the victim’s location.9Indiana Courts. Protection Orders
Other relief requires a hearing within 30 days: exclusive possession of a shared residence, custody of pets, and a prohibition on possessing firearms, ammunition, or deadly weapons. The firearms restriction is only available after the respondent has received notice and a hearing has taken place.9Indiana Courts. Protection Orders
Protective orders can be modified or extended if the victim shows ongoing threats. Victims can also pursue civil litigation for damages caused by the stalking, including emotional distress, lost wages, and medical expenses.
If you have an Indiana protective order and move to another state, the order does not stop at the border. Under 18 U.S.C. § 2265, every state must give full faith and credit to protection orders issued by other states, provided the issuing court had jurisdiction and the respondent received reasonable notice and an opportunity to be heard.10Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders Carry a certified copy of the order with you, especially during a move.
When Federal Stalking Law Also Applies
Federal law reaches stalking that crosses state lines or uses interstate communications. Under 18 U.S.C. § 2261A, it is a federal crime to travel across state lines, or to use mail, phone, or electronic communications that cross state lines, with intent to harm, harass, or intimidate another person, when the conduct places the victim in reasonable fear of death or serious bodily injury or causes substantial emotional distress.11Office of the Law Revision Counsel. 18 USC 2261A – Stalking
The federal statute covers physical travel across state or national borders to stalk someone, and it covers cyberstalking through email, social media, or any electronic communication system that operates across state lines. Because most internet-based communication qualifies as interstate commerce, federal jurisdiction reaches most cyberstalking cases. Federal charges can be filed alongside Indiana state charges, and a person can face penalties under both.
What to Do if You Are Being Stalked
If you are in immediate danger, call 911. Beyond that, what happens in the early stages of a stalking situation shapes both your safety and the strength of any future legal case.
Document everything. Keep a written log of every incident with dates, times, locations, and descriptions. Save text messages, voicemails, emails, social media messages, and screenshots. Note any witnesses. This kind of record is exactly what prosecutors and judges look for when deciding whether a course of conduct exists.
File a police report even if you are unsure the behavior has crossed into criminal territory. A formal report creates an official record and starts a timeline that supports a protective order or criminal charge later. You can petition for a protective order at the same time. The two processes are independent, and a police report strengthens the petition. Many Indiana courts provide protective-order forms at no cost to stalking victims.
Build a personal safety plan: vary your routine, tell people you trust, and identify safe locations you can reach quickly. The National Domestic Violence Hotline (1-800-799-7233) and the Stalking Prevention, Awareness, and Resource Center offer confidential support and safety planning.