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Stalking is a term that is often thrown around too
easily. It is used generally to describe harassing
conduct and even innocent attempts to contact a former
acquaintance or associate. The term has fueled a
hysteria where even innocent contacts or attempted
contacts are lumped it with serious criminal offenses.
Under Minnesota law, stalking is broadly defined.
In Minnesota, Statute Sec. 609.749 makes certain
harassing activity a criminal offense.
Under the law, harassment means engaging in
intentional conduct which:
- the actor knows or has reason to know
would cause the victim under the circumstances to
feel frightened, threatened, oppressed, persecuted,
or intimidated; and
- causes this reaction on the part of the victim.
Where the law is particularly burdensome is that it
requires No proof of specific intent.
That means in a prosecution for harassment or
stalking under the law under the law, the state is not
required to prove that a person accused intended to
cause the victim to feel frightened, threatened,
oppressed, persecuted, or intimidated, or , that the
person intended to cause any other result.
Harassment is a gross misdemeanor punishable by up to
a year in jail and a $1000 fine. Conduct that is
considered harassment may include many activities
including placing spyware on another person's computer
or internet stalking. Specific conduct may
include:
- directly or indirectly manifest a purpose or
intent to injure the person, property, or rights of
another by the commission of an unlawful act;
- include stalking, following, monitoring, or
pursuing another, whether in person or through
technological or other means.
- returning to the property of another if the
person is without claim of right to the property or
consent of one with authority to consent;
- repeatedly makes telephone calls, or induces a
victim to make telephone calls to the person,
whether or not conversation ensues;
- making or causing a telephone of another
repeatedly or continuously to ring;
- repeatedly mailing or delivering or causing the
delivery by any means, including electronically, of
letters, telegrams, messages, packages, or other
objects; or
- knowingly making false allegations against a
peace officer concerning the officer's performance
of official duties with intent to influence or
tamper with the officer's performance of official
duties.
The crime may become a felony punishable by up to
five years or to payment of a fine of not more than
$10,000
if the act is motivated by the victim's or another's
actual or perceived race, color, religion, sex, sexual
orientation, disability, age, or national origin; or if
the person commits the offense by falsely impersonating
someone else. It is also a felony if the person
commits the offense and possesses a dangerous
weapon at the time of the offense or harasses
another with intent to influence or otherwise tamper
with a juror or a judicial proceeding or with intent to
retaliate against a judicial officer, a prosecutor,
defense attorney, or officer of the court, because of
that person's performance of official duties in
connection with a judicial proceeding; or commits an
offense against a victim under the age of 18, if the
actor is more than 36 months older than the victim.
When a person is convicted of a felony offense, the
court will order an independent professional mental
health assessment of the offender's need for mental
health treatment.
One of the consequences of a conviction is that the
the court may, in some cases, order that the
person is prohibited from possessing any type of firearm
for any period longer than three years or for the
remainder of the person's life.
For a
FREE and confidential
consultation regarding a harassment or staling
charge call our attorneys at 612.240-8005
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