Massachusetts Stalking and Cyberstalking Criminal Defense Lawyer Ready to Defend Your Charges
Table of Contents
The offense of Stalking makes it unlawful for a person to willfully and maliciously engage in conduct that seriously alarms or annoys a specific person and would cause reasonable person to suffer substantial emotional distress and makes a threat with the intent to place person in fear of death or bodily injury.
The offense of Cyberstalking is essentially the same except the conduct is communicated by the use electronic mail, internet communications, instant messages or facsimile.
What Conduct, Acts or Threats are Necessary for these Offenses?
For a person to commit the crime of Stalking or Cyberstalking there must be a communication to another. The conduct, acts or threats may be communicated by mail or by use of a telecommunication or electronic communication device. This includes, but is not limited to, any device that transfers signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
Legal Elements of Stalking
In order to be found guilty of Stalking under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- (1) that the defendant, over a period of time, knowingly engaged in a pattern of conduct or series of acts, involving at least 3 incidents, directed at the victim;
- (2) that those acts were of a kind that would cause a reasonable person to suffer substantial emotional distress;
- (3) that those acts did cause the victim to become seriously alarmed or annoyed;
- (4) the defendant took those actions wilfully and maliciously; and
- (5) that the defendant made a threat with the intention of placing the victim in imminent fear of death or bodily injury.
Legal Elements of Cyberstalking
In order to be found guilty of Stalking under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- (1) that the defendant, over a period of time, knowingly engaged in a pattern of conduct or series of acts, involving at least 3 incidents, directed at the victim;
- (2) that those acts were conducted by a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications;
- (3) that those acts were of a kind that would cause a reasonable person to suffer substantial emotional distress;
- (4) that those acts did cause the victim to become seriously alarmed or annoyed;
- (5) the defendant took those actions willfully and maliciously; and
- (6) that the defendant made a threat with the intention of placing the victim in imminent fear of death or bodily injury.
Potential Punishment if Convicted of Stalking or Cyberstalking in Massachusetts
The potential consequences for Stalking or Cyberstalking, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 43.
First Offense Stalking or Cyberstalking Penalties
A defendant convicted of Stalking or Cyberstalking shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 2.5 years or by both such fine and imprisonment.
Second and Subsequent Offenses Penalties
If convicted of a second or subsequent the defendant shall be punished by imprisonment in a jail or the state prison for not less than 2 years and not more than 10 years.
Penalties for Stalking or Cyberstalking When in Violation of a Temporary or Permanent Restraining or No-contact Order
In addition, in the defendant commits the crime of Stalking or Cyberstalking in violation of a temporary or permanent restraining or no-contact order, he or she shall be punished by imprisonment in a jail or the state prison for not less than 1 year and not more than 5 years.
If you have been charges with Stalking or Cyberstalking call the Law Office of John L. Calcagni, III at (508) 213-9113 to schedule a free consultation and start your defense.
