SB 673: Stalking; using electronically transmitted communication, penalty. - Virginia

Criminal Subcommittee Substitute → Chaptered · 4 edits

MODERATE

The bill was finalized into law, changing the header from a House substitute to a Chaptered Act approved in April 2026. The most significant policy change removes 'intimate partner' as a protected category for stalking charges, limiting the law's protection to the victim, their family, or household members only. Additionally, the fiscal impact statement was updated to reflect that the specific funding amounts for imprisonment and commitment could not be determined at the time of approval.

Scope change

The bill's scope of protection was narrowed by removing 'intimate partner' from the list of individuals who can be targeted by stalking conduct to trigger criminal liability.

DEFINITION

Removed 'intimate partner' from the list of protected individuals in the stalking statute, meaning conduct directed at an intimate partner no longer triggers the specific fear-of-injury language in the same way.

Removed 'intimate partner' from the list of individuals protected by the mandatory restraining order issued upon conviction.

FISCAL

Changed the fiscal impact statement to indicate that the estimated appropriation amounts for imprisonment and commitment could not be determined, replacing specific dollar placeholders with a statement of indeterminacy.

TECHNICAL

Updated the document header to reflect that the bill is now Chapter 516 of the 2026 Acts of Assembly, approved on April 8, 2026.

Senator Mulchi Substitute → Criminal Subcommittee Substitute · 5 edits

MODERATE

The bill was amended to expand the scope of stalking protections from a specific 'cyberstalking' offense to a broader stalking statute that includes in-person conduct. It explicitly exempts law enforcement and licensed private investigators from prosecution when acting within their official duties or legitimate business. The bill also adds a new definition for 'intimate partner' and clarifies jurisdictional rules for prosecuting conduct that crosses state lines.

Scope change

The bill's scope expanded from a narrow focus on electronic communications to cover all forms of stalking, including in-person contact, while creating specific exemptions for law enforcement and private investigators.

SCOPE

Changed the bill title and section to amend an existing stalking statute rather than adding a new cyberstalking provision, broadening the law to include in-person stalking.

ELIGIBILITY

Added explicit exemptions for law enforcement officers acting in official duties and registered private investigators acting in their legitimate business.

DEFINITION

Introduced a new definition for 'intimate partner' based on a romantic or sexual relationship within the previous 12 months.

REQUIREMENT

Added a requirement for courts to issue a contact prohibition order against the defendant upon conviction.

FISCAL

Removed specific dollar amounts for fiscal impact estimates and replaced them with blank fields for the sentencing commission to determine.

Courts of Justice Substitute → Senator Mulchi Substitute · 3 edits

MINOR

The bill was converted from a Senate Committee substitute to a Floor amendment by the sponsor, changing the document's status and layout. Substantively, the text was modified to clarify that stalking acts must occur on 'separate and distinct occasions' and to establish a specific sentencing enhancement where a second offense within five years becomes a felony.

Scope change

The bill's scope regarding the definition of stalking behavior was refined to require distinct occasions, and the applicability of felony penalties was expanded to cover repeat offenders within a five-year window.

REQUIREMENT

Changed the requirement for stalking acts from 'two or more occasions' to 'two or more separate and distinct occasions' to clarify that the incidents must be individual events.

ELIGIBILITY

Added a new provision making a second offense of cyberstalking within five years a Class 6 felony, whereas the original text only defined the initial misdemeanor penalty.

TECHNICAL

Altered the document header and formatting to reflect that this is now a Floor Amendment proposed by Senator Mulchi instead of a Committee Substitute.

Enrolled → Courts of Justice Substitute · 5 edits

MODERATE

The bill was converted from a final 'Enrolled' version into a 'Courts of Justice Substitute' draft, changing the legislative process stage. The substantive content was significantly rewritten to introduce a new cyberstalking offense (18.2-60.6) that specifically addresses location tracking and defines 'substantial emotional distress.' The original stalking statute (18.2-60.3) was removed from the text, and the new cyberstalking law was added to the list of orders that prohibit firearm purchases and possession.

Scope change

The bill's scope expanded to explicitly include location tracking and monitoring as a form of cyberstalking, while the original stalking statute was replaced by this new, more specific cyber-focused provision.

PROCESS

The document status changed from 'Enrolled' (final) to 'Courts of Justice Substitute' (draft), indicating the bill is being amended by a committee before final passage.

STATUTE

The original stalking statute (§ 18.2-60.3) was removed from the text.

A new cyberstalking statute (§ 18.2-60.6) was added, creating a Class 6 felony for sending electronic communications intended to cause substantial emotional distress or fear.

DEFINITION

New definitions were added for 'cyberstalking' and 'substantial emotional distress,' and location tracking/monitoring was explicitly included as a prohibited act.

ENFORCEMENT

The new cyberstalking statute is now referenced as a protective order that triggers firearm restrictions in the existing gun laws.

Introduced → Enrolled · 5 edits · Mar 31, 2026

MODERATE

The bill was enacted into law as SB 673, transitioning from an introduced draft to an enrolled act. The primary substantive change is that the cyberstalking penalty was reduced from a Class 6 felony to a Class 1 misdemeanor for first-time offenses, while maintaining a Class 6 felony penalty for repeat offenders within five years. The bill also amended existing stalking laws to clarify definitions and enforcement procedures regarding protective orders.

Scope change

The bill's scope was narrowed regarding the severity of the initial cyberstalking charge (downgraded from felony to misdemeanor) but broadened the context by explicitly including location tracking services in the definition of electronic communications and adding specific provisions for law enforcement immunity and firearm surrender protocols.

ENFORCEMENT

The penalty for a first-time cyberstalking conviction was reduced from a Class 6 felony to a Class 1 misdemeanor, while a second offense within five years remains a Class 6 felony.

A new subsection grants immunity from civil or criminal liability to law enforcement agencies and officers who store, possess, or transport firearms surrendered pursuant to protective orders.

DEFINITION

The definition of 'electronically transmitted communication' was expanded to explicitly include the use or monitoring of location services to track a person's position and movement.

REQUIREMENT

New provisions require courts to issue orders prohibiting contact between defendants and victims upon conviction and mandate that law enforcement agencies provide specific instructions and forms to individuals surrendering firearms under protective orders.

ELIGIBILITY

The bill clarifies that law enforcement officers acting in official duties and registered private investigators acting in the course of legitimate business are exempt from the stalking prohibitions.

Stalking; using electronically transmitted communication, penalty.

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