STALKING
MASSACHUSETTS GENERAL LAW  c265 s43

(a) Whoever, willfully, maliciously, and repeatedly follows or harasses another person (male or female) and makes a threat with the intent to place that person in imminent fear of death or serious bodily injury. 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. [see Comm. v. Kwiatkowski, 418 Mass 543 (1994)].

NOTE: The term harasses is defined as a willful pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms or annoys the person. Such conduct must be such as would cause a reasonable person to suffer substantial emotional distress.

In Commonwealth v. Kwiatkowski, 418 Mass 543 (1994), the Massachusetts State Judicial Court held that this statue was unconstitutionally vague on its face where the definition of stalking included "repeatedly" harassing the victim and harassment was defined as a pattern of conduct or a series of act by the defendant over a period of time. Therefore, because the crime of stalking could be interpreted as requiring more than one pattern of conduct or series of acts, this chapter, stated the Court, "lacked any reasonably discernible unambiguous application". The pattern of conduct or series of acts exhibited by the defendant, for purpose of an harassment violation of this statue, should "involve more than two incidents". Id. Additionally, the Court stated that in the future, a person will be guilty of the crime of stalking due to harassment if the defendant willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time that are directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and if the person also makes a threat with intent to place the victim in imminent fear of death or bodily injury. "Repeated" patterns of conduct will not be required. Id.

Penalty: Felony

Violation of subparagraph (a) above is a five year felony arrestable in presence or upon probable cause.

(b) Whoever, commits the crime of stalking (as defined in subparagraph (a)) in violation of a temporary or permanent vacate, restraining, or no contact order or judgment issued pursuant to:

c208 s18 - pending divorce action, restraining orders on personal liberty, preserving the peace

c208 s34B - order to vacate marital home

c208 s34C - vacate orders, refrain from abuse, or

c209 s32 - restraining orders concerning personal liberty of spouse, custody and maintenance, or

c209A s3 - remedies from abuse, additional orders

c209A s4 - additional relief upon filing of further temporary orders

c209a s5 - relief when court closed

c209C s15 - temporary orders, children born out of wedlock

c209C s20 - modification order, children born out of wedlock, or

in violation of a temporary restraining order or preliminary or permanent injunction issued by the superior court.

Penalty: Felony

A violation of subparagraph (b) above is a five year felony arrestable offense in presence or upon probable cause. It carries a one year mandatory minimum sentence.