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Massachusetts Stalking Laws

In Massachusetts, "stalking " is a specific offense in the penal code. Stalking refers to a clear pattern of intentional conduct directed toward another that causes fear of personal safety or safety of immediate family members. It's a repetitive pattern of unwanted, harassing, or threatening behavior committed by one person against another.

Note: Any person in a dangerous emergency situation requiring immediate intervention should call 911 for assistance.

Code Section 265 §43
Stalking Defined as Wilfully and maliciously engages in conduct which seriously alarms or annoys a specific person and would cause reasonable person to suffer substantial emotional distress and makes threat with intent to place person in fear of death or bodily injury.
Punishment/Classification Imprisonment in state prison no more than 5 years or fined no more than $1,000, or imprisonment in house of correction no more than 2? years or both. If stalking and in violation of protective order: jail or state prison minimum 1 year and maximum 5 years
Penalty for Repeat Offense Jail or state prison minimum 2 years or maximum 10 years.
Arrest or Restraining Order Specifically Authorized by Statute? -
Constitutionally Protected Activities Exempted? -

Note: State laws are constantly changing -- contact a Massachusetts criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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