A. A victim has a civil cause of action against an individual who engaged in conduct that is prohibited under § 18.2- 60.3, whether or not the individual has been charged or convicted for the alleged violation, for the compensatory damages incurred by the victim as a result of that conduct, in addition to the costs for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.
§ 8.01-42.3.Civil action for stalking.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2001 · Last verified July 16, 2026
In one sentenceGives a stalking victim a civil action against the stalker independent of any criminal charge or conviction, allowing recovery of compensatory damages for the full course of prohibited conduct plus litigation costs, opens the door to punitive damages once compensatory damages are awarded, and requires suit within two years of the most recent stalking conduct.
Full Text of § 8.01-42.3
B. As used in this section:
"Compensatory damages" includes damages for all of the defendant's acts prohibited by § 18.2-60.3.
"Victim" means a person who, because of the conduct of the defendant that is prohibited under § 18.2-60.3, was placed in reasonable fear of death, criminal sexual assault, or bodily injury to himself or to a minor child of whom the person is a parent or legal guardian.
C. No action shall be commenced under this section more than two years after the most recent conduct prohibited under § 18.2-60.3.
Plain-English Summary
Subsection A gives a victim a civil cause of action against an individual who engaged in conduct prohibited under Virginia’s stalking statute, § 18.2-60.3, whether or not that individual has been charged with or convicted of the violation. The victim may recover compensatory damages incurred as a result of that conduct, in addition to the costs of bringing the action, and if compensatory damages are awarded, the victim may also be awarded punitive damages.
Subsection B defines “compensatory damages” to include damages for all of the defendant’s acts prohibited by § 18.2-60.3, and defines “victim” as a person who, because of the defendant’s prohibited conduct, was placed in reasonable fear of death, criminal sexual assault, or bodily injury to the person or to the person’s minor child.
Subsection C requires that the action be commenced within two years of the most recent conduct prohibited under § 18.2-60.3, so the limitations clock resets with each fresh act of stalking rather than running only from the first one.
Frequently Asked Questions
Do I need the stalker to be criminally convicted before I can sue them?
No. The civil action applies whether or not the individual has been charged with or convicted of the alleged violation of § 18.2-60.3.
What has to be true for me to qualify as a “victim” under this section?
You must have been placed, because of the defendant’s prohibited conduct, in reasonable fear of death, criminal sexual assault, or bodily injury to yourself or to your minor child.
Can I recover punitive damages in a stalking civil action?
Yes, but only once compensatory damages have been awarded; punitive damages may then also be awarded.
How long do I have to file suit, and when does the clock start running?
The action must be commenced within two years, and that period runs from the most recent conduct prohibited under § 18.2-60.3, not just the first incident.
Can I sue on behalf of my child if the stalking conduct threatened them?
The “victim” definition covers a person placed in reasonable fear of death, sexual assault, or bodily injury to the person’s minor child, which allows the parent’s own claim to reach threats directed at the child.
Amendment History
2001, c. 444.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia civil lawsuit for stalking8.01-42.3 stalking victim damagessue stalker without criminal conviction virginiava code 18.2-60.3 civil actionpunitive damages stalking case virginia