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Stalking is defined in Virginia Code section 18.2-60.3. In that section, it states that a first violation is a Class 1 misdemeanor. A Class 1 misdemeanor carries a penalty of jail time not to exceed one year and a fine not to exceed $2,500. A third or subsequent conviction within five years of another conviction for this statute is a Class 6 felony. A Class 6 felony is punishable by between 1 and 5 years in jail, but the judge or jury may, at their discretion, decide to change the penalty to equal that of a Class 1 misdemeanor.
So the short answer is that stalking can be a felony, but only if the stalker is convicted on three or more occasions within a five year period.
P.S. You should be able to find a free copy of that code section online, and it may help you to do so. Stalking is defined as knowingly placing the victim in reasonable fear of death, sexual assault, or bodily injury. This may not have been what you thought stalking was, but even so, it's always good to actually check the words that the law uses.
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