Valentine’s Day is here, and that means some people will be putting together some big romantic gestures today. But what if that gesture falls flat, or worse, is unwanted from the other party? Sometimes the line between romantic and creepy can get blurred, and what one person might think is heartfelt may feel like harassment to another. So to help clarify the confusion, today, we take a closer look at what constitutes stalking here in Minnesota.
Stalking in Minnesota
The crime of stalking in Minnesota is interesting because although it gives a basic definition, it also provide a crucial clarification of intent. Minnesota Statute 609.749 states that stalking “means to engage in 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 regardless of the relationship between the actor and victim.”
The issue with this definition is that the actor could just claim that they did not know that their actions would cause distress to the victim. For example, we’ve heard stories of people breaking into someone else’s house to leave flowers or chocolates, and while that may seem cute in a romantic comedy, it can also leave the receiving party feeling violated and vulnerable since you entered their private residence without permission. But the act doesn’t even need to reach that level in order for the crime of stalking to be committed, because the definition is further clarified:
“In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated.”
In other words, “I didn’t think it would cause her to feel that way” is not going to fly as a legal defense. If your actions caused the victim to feel frightened, threatened or intimidated, you can be convicted of stalking. In general, stalking crimes are considered gross misdemeanor offenses, punishable by fines up to $3,000 and up to a year in jail, although certain acts can be upgraded to a felony.
With the rise of the internet and smartphone technology, stalking crimes have become more common. Repeated unwanted text messages or phone calls are both considered a form of stalking, so if the other party wants you to stop, don’t keep pestering them, because criminal charges can follow.
If you have been charged with stalking in Minnesota, or you are dealing with unwanted attention from someone and need help getting it to stop, please don’t hesitate to reach out to the experienced lawyers at Appelman Law Firm today.
