Can Private Investigators Be Charged With Stalking?
By David Schassler, licensed New York private investigator. . Updated
Yes. A private investigator can be charged with stalking if their conduct meets the stalking law where they work. A license allows lawful surveillance in public, but it does not excuse harassment, threats or a pattern of contact meant to frighten someone.
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Surveillance and stalking can look alike from the outside. Both can mean watching a person and noting where they go. The difference is in the purpose, the method and the effect. This guide explains where the law usually draws the line, for clients and for people who think they are being followed.
How Stalking Laws Work
States have their own stalking laws, and the federal government has one too. The federal law is 18 U.S.C. 2261A. Most stalking laws share a few ideas. There is a course of conduct, which means more than one act. The conduct is aimed at a specific person. And it would cause a reasonable person to fear for their safety or to suffer serious emotional distress.
The federal law even names surveillance. It covers a person who places someone under surveillance with intent to kill, injure, harass or intimidate, when the conduct causes reasonable fear or substantial emotional distress. Outside the worst cases the penalty is up to 5 years in federal prison (18 U.S.C. 2261).
The exact words differ from state to state. California describes harassment as conduct that serves no legitimate purpose, and it says constitutionally protected activity is not part of a course of conduct. A first offense can bring up to a year in county jail and a $1,000 fine, or state prison (Penal Code 646.9). Texas makes stalking a third degree felony when the conduct happens on more than one occasion as part of the same scheme (Penal Code 42.072). A private investigator license is not a free pass in any of them.
What Lawful Surveillance Looks Like
A licensed investigator doing normal work tries hard not to be seen. She watches from a public place. She notes times and places. She takes photos or video of what anyone on the street could see. She does not talk to the subject, follow them into private spaces or let them know they are being watched.
The goal is to observe and report. The goal is never to scare or control the person being watched. That purpose is a big part of what separates surveillance from stalking.
Where an Investigator Crosses the Line
- Contacting the subject again and again after being told to stop.
- Making threats, in person or online.
- Showing up in a way meant to be noticed and to frighten.
- Going onto private property without permission.
- Putting a tracker on a car or phone where state law does not allow it.
- Pretending to be police to get close to someone.
Any of these can lead to criminal charges, a lawsuit or the loss of a license. A client who asks for this kind of work can get into trouble too.
If You Are the Client
You have a right to hire a licensed investigator for a lawful reason, and our hiring guide covers how. You do not have a right to use one to harass someone. A good agency will turn down a case that looks like revenge or control. Many agencies also screen clients, because they do not want to help an abuser find a victim.
Be straight about why you want the work done. Tell the investigator about any protective order or court order in place. A no contact order can change what is safe and legal to do. Our post on whether you can be sued for hiring an investigator covers the other side of this.
If You Think You Are Being Followed
If you feel unsafe right now, call 911. Do not confront the person. Write down what you see, such as dates, times, places, the car and the plate number if you can get it safely. Share it with the police.
A person following you could be a private investigator, or they could be something else. You cannot know for sure from a distance. Lawful surveillance should not feel like someone is trying to make you afraid. If it does, report it.
If you are leaving an abusive relationship and you think someone hired an investigator to find you, talk to a local domestic violence program. They can help you make a safety plan.
How to Report a Private Investigator
Most states license investigators through a state agency. That agency usually takes complaints. Look up the license with the state, then use the complaint process on that site. Our guide on how to check a private investigator's license shows how to find the right agency. If a crime was committed, report it to the police as well.
Why Clients Choose Agencies That Say No
An agency that refuses risky work protects you as much as the subject. Evidence gathered by harassing someone can be thrown out. It can also lead to a counterclaim against you. When you call an agency, ask how they decide which cases to take. A clear answer is a good sign. You can browse woman owned agencies and compare how each one describes its work.
Fast Answers
Is it stalking if a private investigator follows me?
Not always. Quiet surveillance in public for a lawful reason is usually allowed. It can become stalking if it involves threats, repeated contact or conduct meant to frighten you.
Can I call the police on a private investigator?
Yes. If you feel unsafe or you think a law is being broken, call the police. They can check what is going on.
Does a private investigator license protect against stalking charges?
No. A license allows lawful investigation. It does not excuse conduct that breaks a stalking or harassment law.
Can a private investigator put a GPS tracker on my car?
It depends on state law and on who owns the car. Many states limit trackers on a car you do not own. Ask a lawyer where you live.
Primary Sources
- 18 U.S.C. 2261A, stalking
- 18 U.S.C. 2261, penalties
- California Penal Code 646.9, stalking
- Texas Penal Code 42.072, stalking
All sources were read in October 2026. This is general information, not legal advice.