One of the laws regulating the crime of stalking in Massachusetts was recently amended to give greater protection to stalking victims. On February 9, 2010, Governor Deval Patrick signed a bill into law that makes it easier for victims of stalking to obtain restraining orders against their stalkers. In the past, stalking victims could only obtain restraining orders against their stalkers if they had a previous relationship with their stalkers. The new law allows stalking victims to obtain a restraining order against anyone, including strangers. This change closed a loophole in the law and gave increased protection to stalking victims.

Although this new law helps to increase protection for stalking victims, it only covers the procedures for obtaining restraining orders. In this week's newsletter, we will look at the statute in Massachusetts that is in place to punish those individuals who are actually convicted of the crime of stalking.

In the Commonwealth, stalking is governed by Massachusetts General Laws Chapter 265 Section 43. In order for someone to be convicted of stalking, the Commonwealth must prove beyond a reasonable doubt that:

• The individual willfully and maliciously engaged in a knowing pattern of conduct or a series of acts over a period of time;
• The conduct was directed at a specific person;
• The victim was seriously alarmed or annoyed;
• The conduct would cause a reasonable person to suffer substantial emotional distress; and
• The individual made a threat with the intent to place the victim in imminent fear of death or bodily injury.

As you might guess, this is a difficult crime for the Commonwealth to prove beyond a reasonable doubt because there are multiple elements and many of these elements are difficult to prove.

First, it should be noted that the stalker's conduct does not have to be direct face–to–face contact with the victim. Rather, it may be conducted by other means such as the mail, telephone, email, internet and fax.

Making it an even more difficult crime to prove is the fact that the individual being charged with the crime must be aware that his or her conduct was decidedly unwanted. In one case, a Massachusetts court decided that it was not until after the 4^th encounter with the victim that the defendant would have been aware that his attentions were decidedly unwanted. The court held that because of this fact, the 5th encounter was the only encounter that could be considered willful and malicious for purposes of conviction under this statute.

Although this crime may be difficult to prove beyond a reasonable doubt, many people are actually convicted. Those that are convicted receive a serious punishment to deter others from committing this crime.

Punishment

An individual who is convicted of stalking can be punished by imprisonment of up to 5 years in the state prison or up to 2.5 years in the house of correction or a fine of up to $1,000.00. The individual may also receive a prison sentence and the fine together.

If the crime of stalking also violates a restraining order, the punishment is increased. In this instance, the individual will receive a mandatory minimum sentence of 1 year up to 5 years in a jail or state prison.

If an individual is convicted of a second offense of stalking, the punishment is increased to a mandatory minimum sentence in a jail or state prison of at least 2 years with the possibility of up to 10 years.

Contact our Boston/Cambridge attorneys for a free initial consultation if you or a loved is being charged with stalking. You are entitled to the best legal defense possible. Altman & Altman can deliver that defense for you. Please call 617.492.3000 or 800.481.6199 (toll free) or contact us online to request your free case evaluation.