Analyzing
Stalking
Law
Stalking
ALM GL ch. 265, § 43. Stalking. (1997)
(a) Whoever (1) willfully and
maliciously engages in a knowing pattern of conduct or series of acts over a
period of time directed at a specific person which seriously alarms or annoys
that person and would cause a reasonable person to suffer substantial
emotional distress, and (2) makes a threat with the intent to place the person
in imminent fear of death or bodily injury, shall be guilty of the crime of
stalking
and shall be punished by imprisonment in the state prison for not more than
five years or by a fine of not more than one thousand dollars, or imprisonment
in the house of correction for not more than two and one-half years or both.
Such conduct, acts or threats described in this paragraph shall include, but
not be limited to, conduct, acts or threats conducted by mail or by use of a
telephonic or telecommunication device including, but not limited to,
electronic mail, internet communications and facsimile
communications.
(b) Whoever commits the crime of
stalking
in violation of a temporary or permanent vacate, restraining, or no-contact
order or judgment issued pursuant to sections eighteen, thirty-four B, or
thirty-four C of chapter two hundred and eight; or section thirty-two of
chapter two hundred and nine; or sections three, four, or five of chapter two
hundred and nine A; or sections fifteen or twenty of chapter two hundred and
nine C or a protection order issued by another jurisdiction; or a temporary
restraining order or preliminary or permanent injunction issued by the
superior court, shall be punished by imprisonment in a jail or the state
prison for not less than one year and not more than five years. No sentence
imposed under the provisions of this subsection shall be less than a mandatory
minimum term of imprisonment of one year.
A prosecution commenced
hereunder shall not be placed on file or continued without a finding, and the
sentence imposed upon a person convicted of violating any provision of this
subsection shall not be reduced to less than the mandatory minimum term of
imprisonment as established herein, nor shall said sentence of imprisonment
imposed upon any person be suspended or reduced until such person shall have
served said mandatory term of imprisonment.
A person convicted of
violating any provision of this subsection shall not, until he shall have
served the mandatory minimum term of imprisonment established herein, be
eligible for probation, parole, furlough, work release or receive any
deduction from his sentence for good conduct under sections one hundred and
twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D
of chapter one hundred and twenty-seven; provided, however, that the
commissioner of correction may, on the recommendation of the warden,
superintendent, or other person in charge of a correctional institution, grant
to said offender a temporary release in the custody of an officer of such
institution for the following purposes only: to attend the funeral of next of
kin or spouse; to visit a critically ill close relative or spouse; or to
obtain emergency medical services unavailable at said institution. The
provisions of section eighty-seven of chapter two hundred and seventy-six
relating to the power of the court to place certain offenders on probation
shall not apply to any person seventeen years of age or over charged with a
violation of this subsection. The provisions of section thirty-one of chapter
two hundred and seventy-nine shall not apply to any person convicted of
violating any provision of this subsection.
(c) Whoever, after having been
convicted of the crime of stalking,
commits a second or subsequent such crime shall be punished by imprisonment in
a jail or the state prison for not less than two years and not more than ten
years. No sentence imposed under the provisions of this subsection shall be
less than a mandatory minimum term of imprisonment of two years.
A
prosecution commenced hereunder shall not be placed on file or continued
without a finding, and the sentence imposed upon a person convicted of
violating any provision of this subsection shall not be reduced to less than
the mandatory minimum term of imprisonment as established herein, nor shall
said sentence of imprisonment imposed upon any person be suspended or reduced
until such person shall have served said mandatory term of
imprisonment.
A person convicted of violating any provision of this
subsection shall not, until he shall have served the mandatory minimum term of
imprisonment established herein, be eligible for probation, parole, furlough,
work release or receive any deduction from his sentence for good conduct under
sections one hundred and twenty-nine, one hundred and twenty-nine C and one
hundred and twenty-nine D of chapter one hundred and twenty-seven; provided,
however, that the commissioner of correction may, on the recommendation of the
warden, superintendent, or other person in charge of a correctional
institution, grant to said offender a temporary release in the custody of an
officer of such institution for the following purposes only: to attend the
funeral of next of kin or spouse; to visit a critically ill close relative or
spouse; or to obtain emergency medical services unavailable at said
institution. The provisions of section eighty-seven of chapter two hundred and
seventy-six relating to the power of the court to place certain offenders on
probation shall not apply to any person seventeen years of age or over charged
with a violation of this subsection. The provisions of section thirty-one of
chapter two hundred and seventy-nine shall not apply to any person convicted
of violating any provision of this section.
(d) [Stricken]
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Harassment
ALM GL ch. 265, § 43A. Criminal Harassment. (2000)
(a) Whoever willfully and
maliciously engages in a knowing pattern of conduct or series of acts over a
period of time directed at a specific person, which seriously alarms that
person and would cause a reasonable person to suffer substantial emotional
distress, shall be guilty of the crime of criminal harassment
and shall be punished by imprisonment in a house of correction for not more
than two and one-half years or by a fine of not more than $1,000, or by both
such fine and imprisonment. Such conduct or acts described in this paragraph
shall include, but not be limited to, conduct or acts conducted by mail or by
use of a telephonic or telecommunication device including, but not limited to,
electronic mail, internet communications or facsimile
communications.
(b) Whoever, after having been
convicted of the crime of criminal harassment,
commits a second or subsequent such crime, or whoever commits the crime of
criminal harassment
having previously been convicted of a violation of section 43, shall be
punished by imprisonment in a house of correction for not more than two and
one-half years or by imprisonment in the state prison for not more than ten
years.
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