Massachusetts
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
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]
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.