What Is the Statute for Stalking in MN?

1 month ago by Justin M. Schiks

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.

What Constitutes Stalking According to MN Statutes?

In Minnesota, stalking is defined as repeated behaviors that cause significant emotional distress to the victim. A person can be prosecuted if they engage in actions such as following, monitoring, or pursuing someone, sending unwanted phone calls, emails, or messages, or harassing them with unsolicited gifts or letters. Additional behaviors include spreading false information, trespassing, or damaging the victim’s property. For an action to qualify as stalking, it must be intended to frighten, intimidate, or harass, and the victim must reasonably feel threatened or harassed.

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.

How Minnesota Handles Stalking Cases

In Minnesota, stalking is recognized as a serious crime that inflicts significant fear, anxiety, and emotional distress on victims. Sec. 609.749 covers various forms of stalking, including unwanted contact, harassment, and cyberstalking, acknowledging the severe impact these behaviors can have. Whether occurring in person or online, the state enforces strict legal measures to protect victims. However, not all accusations are justified, and a robust legal defense is crucial to prevent wrongful convictions or excessively harsh penalties.

If you or someone you know is facing stalking charges, reach out to our St. Paul criminal defense lawyer to protect your rights and challenge the accusations.

Legal Consequences of Stalking in MN

Generally classified as a gross misdemeanor, stalking is punishable by up to one year in jail, fines of up to $3,000, and probation. Courts may also issue restraining orders to prohibit further contact with the victim and may mandate counseling or therapy for the offender.

In more severe cases, it may escalate to felony charges. This typically occurs when the offender has a history of domestic violence, uses a weapon, or targets a minor—particularly when a significant age gap exists between the perpetrator and the victim. A felony conviction carries much harsher penalties, including extended prison time and steeper fines. Moreover, the long-term consequences can affect the offender’s ability to find employment, secure housing, or reintegrate into society.

Domestic Violence and Stalking

Stalking committed within the context of an intimate relationship, such as by a spouse or partner, may be considered domestic violence. This encompasses any form of abuse, threat, or control exercised by one partner over the other. When stalking is part of this type of violence, the legal consequences are even more harsh, as courts take a notably strong stance against threats within domestic settings.

Felony Violations

When stalking involves a weapon, prior domestic violence offenses, or minors, it can lead to felony charges. Minnesota law imposes stricter penalties in these cases to protect victims and reduce the risk of further harm. A felony stalking conviction could end in long-term imprisonment and substantial fines, leaving an irreversible mark on your life. Those convicted may face difficulties in securing jobs, housing, and other opportunities due to the stigma associated with the crime.

Pattern of Stalking Conduct

A pattern of stalking refers to repeated actions that create ongoing fear for the victim. Minnesota law treats this persistent behavior as a grave offense, mainly when it involves multiple incidents within five years. This conduct often results in felony charges due to the ongoing danger posed to the victim, and those accused should prepare for the weighty legal impact of such an offense.

Stalking Charges in Minnesota

talking encompasses a wide range of behaviors, including cyberstalking and unwanted digital communication, such as persistent messaging or online harassment. While some may perceive these actions as minor or harmless, the law treats them with the solemnity they deserve due to the profound psychological aftereffect they can have on victims. Charges may escalate from gross misdemeanors to felonies, especially if the behavior violates restraining orders or involves repeated harassment. This is why knowing your legal rights and preparing a solid defense is essential when facing stalking allegations.

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

If you’re dealing with stalking charges in St. Paul, MN, JS Defense is here to guide you through the legal process. Our experienced Minnesota criminal defense lawyers comprehend the seriousness of stalking offenses and will work diligently to safeguard your rights. For a free consultation, contact us at 724 Bielenberg Dr STE. 115, Woodbury, MN 55125, or call (651) 968-9652.

For further insights into related legal matters, including witness testimony, visit this resource. We are committed to providing the support you need during this challenging time.

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. 

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.