Combating Stalking in Massachusetts

Stalking is a serious crime that can cause fear, anxiety, and substantial emotional distress to victims. Massachusetts Section 43 is a crucial law that addresses stalking behavior, defining it as a pattern of conduct or series of acts directed at a specific person that seriously alarms or annoys the person and would cause a reasonable person substantial emotional distress. This section also includes making threats with the intent to place the person in imminent fear of death or bodily injury.

The law prohibits stalking through various means, including mail, telephonic or telecommunication devices, and electronic communication devices such as email, internet communications, instant messages, or facsimile communications. These provisions are designed to protect individuals from the pervasive and intrusive nature of modern communication methods.

Section 43 imposes significant penalties for stalking, including imprisonment in the state prison for up to five years or a fine of up to $1,000, or both. Additionally, if stalking is committed in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued under various statutes, the penalties are more severe, with a mandatory minimum term of imprisonment of one year.

Repeat offenders face even harsher penalties, with a mandatory minimum term of imprisonment of two years for a second or subsequent offense. These measures are intended to deter individuals from engaging in stalking behavior and to protect victims from further harm.

In conclusion, Massachusetts Section 43 is a vital tool in combating stalking and protecting individuals from the fear and distress it causes. By defining stalking and imposing strict penalties, this law sends a clear message that such behavior will not be tolerated in the Commonwealth.