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What Is the Statute for Stalking in MN? Criminal Defense

What Is the Statute for Stalking in MN?

1 month ago by Brian
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Stalking is a serious offense, as such conduct can cause fear, anxiety, and emotional distress for victims. The state of Minnesota recognizes the severity of stalking and has enacted specific statutes to address this crime. However, not every charge or conviction for stalking is rightful, and everyone deserves a fair defense against overly harsh penalties or wrongful convictions. 

If you or someone you know is facing charges related to stalking, contact our St. Paul criminal defense lawyer to fight the accusations now.

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What Constitutes Stalking According to MN Statutes?

In Minnesota, stalking is defined under Statute 609.749. According to this statute, a person can be charged with stalking if they engage in the following conduct:

  • Repeatedly following, monitoring, or pursuing an individual
  • Making unwanted and intrusive phone calls, emails, or text messages
  • Harassing the victim through unwanted gifts, letters, or packages
  • Making false statements or spreading rumors about the victim
  • Trespassing on the victim’s property
  • Defacing or damaging the victim’s property
  • Engaging in any other course of conduct that causes substantial emotional distress to the victim

It’s important to note that for an act to be considered stalking, it must be done with the intent to frighten, intimidate, or harass the victim. Moreover, the victim must reasonably feel fearful or harassed by the defendant’s actions.

Legal Ramifications of Stalking in MN

Stalking is a serious crime in Minnesota and is classified as a gross misdemeanor. If convicted of stalking, the offender may face the following legal consequences:

  • Incarceration: A person convicted of stalking can be sentenced to up to one year in jail.
  • Restraining Order: The court may issue a restraining order against the offender, prohibiting them from contacting or approaching the victim.
  • Fines: The offender may be required to pay fines up to $3,000.
  • Probation: The court may impose a probationary period, during which the offender must follow specific conditions.
  • Counseling: The court may order the offender to attend counseling or therapy sessions to address their behavior.

Is Being Stalked By My Spouse Considered Domestic Violence?

It’s important to understand how the law defines domestic violence in stalking cases. In Minnesota, stalking committed by a spouse or partner can be considered domestic violence. Domestic violence refers to any form of abuse, threat, coercion, or control exerted by one intimate partner against another.

Stalking within a domestic violence context can have severe consequences. If your spouse has accused you of stalking and you have been arrested, you need a strong defense against these charges, as a conviction can have wide-reaching effects on your future. 

Stalking Charges? Contact a St. Paul, MN Criminal Defense Attorney

If you are facing stalking charges in St. Paul, JS Defense is your trusted partner in navigating these accusations. Our trustworthy Minnesota criminal defense lawyers understand the gravity of stalking offenses and will work tirelessly to protect your rights. To schedule a legal consultation at no charge, reach out to our firm now and set up a time to meet.



Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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