Stalking is illegal. It is a felony in Massachusetts (Massachusetts General Law Chapter 265 section 43.)The statute of limitations for this crime is 6 years. Anyone charged with this faces serious penalties.
Anyone charged with a crime needs an experienced Massachusetts criminal defense attorney. A criminal defense attorney can develop the best defense. An attorney can walk you thru each step in the criminal process.
Table of Contents
What is Stalking in Massachusetts?
Five elements make up the legal definition of stalking. All five elements must be proven beyond a reasonable doubt.
- That over a period of time the defendant knowingly engaged in a pattern of conduct or series of acts directed at the victim;
- A reasonable person would suffer substantial emotional distress because of Defendant’s acts.
- The victim was seriously alarmed or annoyed by the defendant’s actions:
- That the defendant’s acts were willful and malicious.
- The defendant threatened the victim with the intention of placing the victim in imminent fear of bodily injury or death.
Willful and malicious acts are done intentionally and without justification or mitigation. Any reasonable person would have foreseen the consequences. Willful and malicious acts are done on purpose. If they were unintentional and by mistake, they are not malicious. Negligent acts are not malicious.
A defendant is guilty if they communicate a threat in any way. This statute does not limit or exclude any way a person may communicate a threat.
Defenses to Stalking
Yes, there may be legal defenses, although it ultimately depends on the specific circumstances of the case. Some common legal defenses may include:
- Lack of intent: This statute requires that the accused had a specific intent to harass or intimidate the victim. If the accused did not have this intent, it may be a defense to the charge.
- Consent: If the victim consented to the accused’s behavior, it may be a defense to the charge. However, it’s important to note that consent must be freely given, and the victim must have the mental capacity to give consent.
- Lack of evidence: The prosecution must prove the elements of stalking beyond a reasonable doubt. If there is insufficient evidence to prove one or more of the elements of stalking, it may be a defense to the charge.
- Self-defense: If the accused believed that they were in danger and engaged in behavior to protect themselves, it may be a defense to the charge. However, the accused must be able to show that the behavior was necessary to protect themselves from harm.
- Constitutional violations: If law enforcement violated the accused’s constitutional rights during the investigation or arrest, it may be a defense to the charge.
It’s important to note that these defenses are not guaranteed to be successful in every case, and it’s essential to consult with a qualified criminal defense attorney if you are facing any criminal charges.
What is stalking?
It is a crime involving a pattern of willful and malicious conduct directed at a specific person that seriously alarms or annoys them and would cause a reasonable person to suffer substantial emotional distress. It also includes making threats intended to place the victim in imminent fear of death or bodily injury.
What are the elements of stalking that must be proven?
To prove this, prosecutors must establish five key elements beyond a reasonable doubt:
1) A pattern of conduct or series of acts over time directed at a specific person
2) Acts that would cause a reasonable person substantial emotional distress
3) Acts that actually caused the victim serious alarm or annoyance
4) Willful and malicious intent by the perpetrator
5) A threat made with the intent to cause imminent fear of death or bodily injury
How many incidents are required to establish a pattern of stalking?
A pattern of conduct or series of acts requires proof of at least three separate incidents.
What types of communication are covered under stalking laws?
Stalking laws cover various forms of communication, including:
– Mail
– Telephone calls
– Fax transmissions
– Email
– Internet communications
– Electronic instant messages
– Any electronic communication device
What is considered “willful and malicious”?
Willful conduct is intentional and not accidental.
Malicious conduct is intentional, without justification, and any reasonable person would foresee its harmful effects on the victim
What is the difference between stalking and harassment?
While both involve unwanted contact, stalking typically involves a pattern of behavior and includes a threat element, whereas harassment may not always include threats or be as prolonged.
Can someone be charged with stalking for repeated, unwanted contact even if they don’t make explicit threats?
While a threat is a required element of stalking charges, the pattern of unwanted contact that causes substantial emotional distress could potentially lead to other charges, such as harassment.
Massachusetts Criminal Attorney
Patrick Donovan is an MA criminal attorney and a former prosecutor. He uses his prosecutor training and experience to get the best results for each of his clients.
Attorney Donovan is a criminal defense attorney who has tried many criminal cases to verdict before both juries and judges. Also, he has favorably resolved many other case by plea either agreed or contested .
Attorney Donovan’s office is located in Quincy. He has appeared in over fifty criminal courts in Massachusetts.
