Twin Cities Criminal Lawyer

Harassment; Stalking; Penalties

Confronting Criminal Harassment and Stalking Charges in Minneapolis-St. Paul: Understanding Minnesota Statute § 609.749

Accusations of criminal Harassment or Stalking under Minnesota Statute § 609.749 are exceptionally serious, carrying the potential for severe penalties, including gross misdemeanor or felony convictions, imprisonment, substantial fines, and profound impacts on an individual’s life and liberties. For those in the Twin Cities metropolitan area, encompassing Minneapolis, St. Paul, Hennepin County, and Ramsey County, a comprehensive understanding of this complex statute is paramount. It defines specific patterns of conduct, intent requirements, and resulting harms that constitute these offenses, reflecting Minnesota’s commitment to protecting individuals from persistent, threatening, or intrusive behavior.

The implications of a conviction for harassment or stalking can be devastating, extending to loss of firearm rights, mandatory mental health assessments, and a lasting criminal record that affects employment, housing, and social standing. The statute details various prohibited acts, from making repeated unwanted communications and following or monitoring someone, to more aggravated conduct involving bias, impersonation, use of dangerous weapons, or targeting minors or judicial officials. For anyone in the greater Twin Cities region, from Dakota County to Washington County, facing such allegations necessitates a meticulous examination of the charges, a clear understanding of the high burden of proof on the prosecution, and the development of a robust defense strategy.

Minnesota Statute § 609.749: The Legal Foundation for Criminal Harassment and Stalking Charges

Minnesota state law defines the criminal offenses of Harassment and Stalking, along with their associated penalties, under Minnesota Statutes § 609.749. This is a detailed and extensive statute that outlines various prohibited acts, the intent required, escalating penalties based on aggravating factors and prior convictions, and other related provisions such as mental health assessments and firearm restrictions. It is the primary legal authority for these serious criminal prosecutions in Minneapolis, St. Paul, and across the state of Minnesota.

609.749 HARASSMENT; STALKING; PENALTIES.

Subdivision 1. MS 2019 Supp [Repealed, 2020 c 96 s 6]

Subd. 1a. MS 2018 [Repealed, 2020 c 96 s 6]

Subd. 1b.Venue. (a) When acts constituting a violation of this section are committed in two or more counties, the accused may be prosecuted in any county in which one of the acts was committed for all acts in violation of this section.

(b) The conduct described in subdivision 2, clauses (4) and (5), may be prosecuted at the place where any call is made or received or, in the case of wireless or electronic communication or any communication made through any available technologies, where the actor or victim resides or in the jurisdiction of the victim’s designated address if the victim participates in the address confidentiality program established by chapter 5B. The conduct described in subdivision 2, clause (2), may be prosecuted where the actor or victim resides. The conduct described in subdivision 2, clause (6), may be prosecuted where any letter, telegram, message, package, or other object is sent or received or, in the case of wireless or electronic communication or communication made through other available technologies, where the actor or victim resides or in the jurisdiction of the victim’s designated address if the victim participates in the address confidentiality program established by chapter 5B.

Subd. 1c.Arrest. For all violations under this section, except a violation of subdivision 2, clause (7), a peace officer may make an arrest under the provisions of section 629.34. A peace officer may not make a warrantless, custodial arrest of any person for a violation of subdivision 2, clause (7).

Subd. 2.Harassment crimes. (a) As used in this subdivision, the following terms have the meanings given:

(1) “family or household members” has the meaning given in section 518B.01, subdivision 2, paragraph (b);

(2) “personal information” has the meaning given in section 617.261, subdivision 7, paragraph (f);

(3) “sexual act” has the meaning given in section 617.261, subdivision 7, paragraph (g); and

(4) “substantial emotional distress” means mental distress, mental suffering, or mental anguish as demonstrated by a victim’s response to an act including but not limited to seeking psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.

(b) A person who commits any of the acts listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill, injure, harass, or intimidate another person:

(1) places the other person in reasonable fear of substantial bodily harm;

(2) places the person in reasonable fear that the person’s family or household members will be subject to substantial bodily harm; or

(3) causes or would reasonably be expected to cause substantial emotional distress to the other person.

(c) A person commits harassment under this section if the person:

(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available technological or other means;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages, through assistive devices for people with vision impairments or hearing loss, or any communication made through any available technologies or other objects;

(7) knowingly makes false allegations against a peace officer concerning the officer’s performance of official duties with intent to influence or tamper with the officer’s performance of official duties; or

(8) uses another’s personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person.

Subd. 3.Aggravated violations. (a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

(1) commits any offense described in subdivision 2 in whole or in substantial part because of the victim’s or another’s actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or because of the victim’s actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;

(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person’s performance of official duties in connection with a judicial proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Subd. 4.Second or subsequent violations; felony. (a) A person is guilty of a felony who violates any provision of subdivision 2 within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency, and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) A person is guilty of a felony who violates any provision of subdivision 2 within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency, and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Subd. 5.Stalking. (a) A person who engages in stalking with respect to a single victim or one or more members of a single household which the actor knows or has reason to know would cause the victim under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

(b) For purposes of this subdivision, “stalking” means two or more acts within a five-year period that violate or attempt to violate the provisions of any of the following or a similar law of another state, the United States, the District of Columbia, tribe, or United States territories:

(1) this section;

(2) sections 609.185 to 609.205 (first- to third-degree murder and first- and second-degree manslaughter);

(3) section 609.713 (terroristic threats);

(4) section 609.224 (fifth-degree assault);

(5) section 609.2242 (domestic assault);

(6) section 518B.01, subdivision 14 (violations of domestic abuse orders for protection);

(7) section 609.748, subdivision 6 (violations of harassment restraining orders);

(8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass offenses);

(9) section 609.78, subdivision 2 (interference with an emergency call);

(10) section 609.79 (obscene or harassing telephone calls);

(11) section 609.795 (letter, telegram, or package; opening; harassment);

(12) section 609.582 (burglary);

(13) section 609.595 (damage to property);

(14) section 609.765 (criminal defamation);

(15) sections 609.342 to 609.3451 (first- to fifth-degree criminal sexual conduct);

(16) section 609.3458 (sexual extortion); or

(17) section 629.75, subdivision 2 (violations of domestic abuse no contact orders).

(c) Words set forth in parentheses after references to statutory sections in paragraph (b) are mere catchwords included solely for convenience in reference. They are not substantive and may not be used to construe or limit the meaning of the cited statutory provision.

Subd. 6.Mental health assessment and treatment. (a) When a person is convicted of a felony offense under this section, or another felony offense arising out of a charge based on this section, the court shall order an independent professional mental health assessment of the offender’s need for mental health treatment. The court may waive the assessment if an adequate assessment was conducted prior to the conviction.

(b) Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or 260C.171, the assessor has access to the following private or confidential data on the person if access is relevant and necessary for the assessment:

(1) medical data under section 13.384;

(2) welfare data under section 13.46;

(3) corrections and detention data under section 13.85;

(4) health records under sections 144.291 to 144.298; and

(5) juvenile court records under sections 260B.171 and 260C.171.

Data disclosed under this section may be used only for purposes of the assessment and may not be further disclosed to any other person, except as authorized by law.

(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender undergo treatment.

(d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent under section 563.01.

Subd. 7.Exception. Conduct is not a crime under this section if it is performed under terms of a valid license, to ensure compliance with a court order, or to carry out a specific lawful commercial purpose or employment duty, is authorized or required by a valid contract, or is authorized, required, or protected by state, federal, or tribal law or the state, federal, or tribal constitutions. Subdivision 2, clause (2), does not impair the right of any individual or group to engage in speech protected by the federal, state, or tribal constitutions, or federal, state, or tribal law, including peaceful and lawful handbilling and picketing.

Subd. 8.Harassment; stalking; firearms. (a) When a person is convicted of harassment or stalking under this section and the court determines that the person used a firearm in any way during commission of the crime, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person’s life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of harassment or stalking under this section, the court shall inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of harassment or stalking under this section, or to possess a firearm if the person has been convicted on or after August 1, 2014, of harassment or stalking under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a firearm in violation of this paragraph is guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of harassment or stalking under this section owns or possesses a firearm and used it in any way during the commission of the crime, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted of harassment or stalking under this section, the court shall order the defendant to transfer any firearms that the person possesses, within three business days, to a federally licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them. The transfer may be permanent or temporary. A temporary firearm transfer only entitles the receiving party to possess the firearm. A temporary transfer does not transfer ownership or title. A defendant may not transfer firearms to a third party who resides with the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement agency may charge the defendant a reasonable fee to store the person’s firearms and may establish policies for disposal of abandoned firearms, provided such policies require that the person be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer, or third party shall exercise due care to preserve the quality and function of the transferred firearms and shall return the transferred firearms to the person upon request after the expiration of the prohibiting time period imposed under this subdivision, provided the person is not otherwise prohibited from possessing firearms under state or federal law. The return of temporarily transferred firearms to a defendant shall comply with state and federal law. If a defendant permanently transfers the defendant’s firearms to a law enforcement agency, the agency is not required to compensate the defendant and may charge the defendant a reasonable processing fee. A law enforcement agency is not required to accept a person’s firearm under this paragraph. The court shall order that the person surrender all permits to carry and purchase firearms to the sheriff.

(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof of transfer as provided for in this paragraph. If the transfer is made to a third party, the third party must sign an affidavit under oath before a notary public either acknowledging that the defendant permanently transferred the defendant’s firearms to the third party or agreeing to temporarily store the defendant’s firearms until such time as the defendant is legally permitted to possess firearms. The affidavit shall indicate the serial number, make, and model of all firearms transferred by the defendant to the third party. The third party shall acknowledge in the affidavit that the third party may be held criminally and civilly responsible under section 624.7144 if the defendant gains access to a transferred firearm while the firearm is in the custody of the third party. If the transfer is to a law enforcement agency or federally licensed firearms dealer, the law enforcement agency or federally licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer must specify whether the firearms were permanently or temporarily transferred and include the name of the defendant, date of transfer, and the serial number, make, and model of all transferred firearms. The defendant shall provide the court with a signed and notarized affidavit or proof of transfer as described in this section within two business days of the firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph.

(g) When a person is convicted of harassment or stalking under this section, the court shall determine by a preponderance of the evidence if the person poses an imminent risk of causing another person substantial bodily harm. Upon a finding of imminent risk, the court shall order that the local law enforcement agency take immediate possession of all firearms in the person’s possession. The local law enforcement agency shall exercise due care to preserve the quality and function of the defendant’s firearms and shall return the firearms to the person upon request after the expiration of the prohibiting time period, provided the person is not otherwise prohibited from possessing firearms under state or federal law. The local law enforcement agency shall, upon written notice from the person, transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully receive them. Before a local law enforcement agency transfers a firearm under this paragraph, the agency shall require the third party or federally licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that complies with the requirements for affidavits or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs of transfer received with the court within two business days of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law enforcement agency does not receive written notice from the defendant within three business days, the agency may charge a reasonable fee to store the defendant’s firearms. A law enforcement agency may establish policies for disposal of abandoned firearms, provided such policies require that the person be notified via certified mail prior to disposal of abandoned firearms.

Deconstructing the Accusations: Essential Elements of Criminal Harassment and Stalking in Minnesota

Minnesota Statute § 609.749 defines the crimes of harassment and stalking, setting forth specific elements that the prosecution must prove beyond a reasonable doubt in any Minnesota court, including those in Hennepin County or Ramsey County. These are serious offenses, and understanding the precise components of each is crucial for anyone accused. The statute distinguishes between general harassment crimes (Subdivision 2) and the more specific crime of stalking (Subdivision 5), which involves a pattern of predicate acts.

Elements of Harassment Crimes (Minnesota Statute § 609.749, Subd. 2)

For a person to be convicted of a harassment crime under Subdivision 2 (generally a gross misdemeanor unless aggravated factors apply), the prosecution must prove two main components: (1) the accused committed one or more specific acts listed in paragraph (c), AND (2) they did so with a specific intent and resulting impact as outlined in paragraph (b).

A. The Requisite Intent and Impact (Subd. 2(b)): The accused must act with the intent to kill, injure, harass, or intimidate another person, AND this conduct must result in one of the following outcomes:

* Places the other person in reasonable fear of substantial bodily harm: The victim must have genuinely feared significant physical injury, and this fear must have been reasonable under the circumstances. For example, if someone in Minneapolis makes credible threats of violence accompanied by menacing actions, this could instill such fear.

* Places the person in reasonable fear that their family or household members will be subject to substantial bodily harm: The fear can also extend to threats or actions directed towards the victim’s loved ones, causing the victim to reasonably fear for their safety. “Family or household members” are defined by reference to § 518B.01 (Domestic Abuse Act).

* Causes or would reasonably be expected to cause substantial emotional distress to the other person: The conduct must either actually cause, or be of a nature that would objectively be expected to cause, “substantial emotional distress.” Subdivision 2(a)(4) defines this as “mental distress, mental suffering, or mental anguish as demonstrated by a victim’s response to an act including but not limited to seeking psychotherapy… losing sleep or appetite, being diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.” This is a high standard, requiring more than fleeting annoyance or upset.

B. The Prohibited Harassing Acts (Subd. 2(c)): The accused must commit one or more of the following acts, coupled with the intent and impact described above:

* (1) Manifests a purpose or intent to injure by an unlawful act: Directly or indirectly, or through third parties, shows an intention to harm another person, their property, or their rights by committing an illegal act. This requires both an intent to injure and the commission of an unlawful act as the means.

* (2) Follows, monitors, or pursues another: This includes physical following as well as surveillance or pursuit through technological means (e.g., GPS tracking, online monitoring). The act of following or monitoring itself, when coupled with the requisite intent and impact, constitutes harassment.

* (3) Returns to the property of another without claim of right or consent: Trespassing on another’s property after being told not to, or without any legal right to be there, can be a harassing act if done with the necessary intent and causing the required fear or distress.

* (4) Repeatedly makes telephone calls, sends text messages, or induces victim to call: This covers persistent and unwanted phone or text communication, even if no conversation occurs, or tricking the victim into calling the actor. The “repeatedly” aspect is key.

* (5) Makes or causes another’s telephone to ring repeatedly or continuously: This involves using the telephone system itself as a tool for harassment through incessant ringing.

* (6) Repeatedly mails or delivers letters, messages, packages, etc.: This includes physical mail, electronic communications (emails, social media messages), or any other form of repeated, unwanted delivery of items or communications, including through assistive devices.

* (7) Knowingly makes false allegations against a peace officer: This specific act involves making false claims about an officer’s official duties with the intent to influence or tamper with those duties. (Note: Subd. 1c states a peace officer may not make a warrantless, custodial arrest for this specific clause).

* (8) Uses another’s personal information to solicit a third party for a sexual act: This involves misusing someone’s “personal information” (defined by reference to § 617.261) without their consent to invite or encourage someone else to engage in a “sexual act” (also defined by reference to § 617.261) with the victim. This is a severe form of online harassment and impersonation.

Elements of Stalking (Minnesota Statute § 609.749, Subd. 5)

Stalking is a distinct felony offense under this statute and involves a more specific pattern of behavior. The prosecution must prove:

  • The actor engaged in stalking with respect to a single victim or one or more members of a single household: The conduct is focused on a specific target or their household.
  • The actor knows or has reason to know their conduct would cause the victim under the circumstances to feel terrorized or to fear bodily harm: This is the mental state requirement. The actor must be aware, or a reasonable person in their position would be aware, that their actions would instill extreme fear or fear of physical injury in the victim.
  • The conduct does cause this reaction (terrorized or fear of bodily harm) on the part of the victim: The victim must actually experience this high level of fear or terror as a result of the actor’s conduct.
  • “Stalking” means two or more acts within a five-year period that violate or attempt to violate a list of specified predicate offenses: This is the core of the stalking definition. The actor must commit at least two acts within five years that fall under a lengthy list of qualifying offenses. These predicate acts include, but are not limited to:
    • Violations of the harassment statute itself (§ 609.749)
    • Murder or manslaughter (§§ 609.185-609.205)
    • Terroristic threats (§ 609.713)
    • Assaults (§§ 609.224, 609.2242)
    • Violations of Orders for Protection or Harassment Restraining Orders (§§ 518B.01, subd. 14; 609.748, subd. 6)
    • Certain trespass offenses (§ 609.605)
    • Interference with an emergency call (§ 609.78, subd. 2)
    • Obscene or harassing telephone calls (§ 609.79) or letter/package harassment (§ 609.795)
    • Burglary (§ 609.582) or Damage to Property (§ 609.595)
    • Criminal Defamation (§ 609.765)
    • Criminal Sexual Conduct (§§ 609.342-609.3451) or Sexual Extortion (§ 609.3458)
    • Violations of Domestic Abuse No Contact Orders (§ 629.75, subd. 2)The commission of any two (or more) of these listed acts (or similar laws from other jurisdictions) within a five-year period, coupled with the knowledge/intent and resulting fear/terror, constitutes felony stalking.

Understanding the Severe Stakes: Penalties for Criminal Harassment and Stalking in Minnesota

Convictions for criminal Harassment or Stalking under Minnesota Statute § 609.749 carry significant penalties, reflecting the serious nature of these offenses. The penalties escalate from gross misdemeanors to substantial felonies depending on the specific conduct, aggravating circumstances, the defendant’s prior record, and whether the crime constitutes stalking. Individuals facing these charges in Minneapolis, St. Paul, or anywhere in Minnesota must be acutely aware of the potential for lengthy imprisonment, large fines, and other lasting consequences like loss of firearm rights and mandatory mental health assessments.

Penalties for Harassment Crimes (Subd. 2)

  • Base Offense (Gross Misdemeanor): A person who commits any of the harassing acts listed in Subd. 2(c) with the intent to kill, injure, harass, or intimidate another, AND which places the other person in reasonable fear of substantial bodily harm (to themselves or family/household members) or causes/would reasonably be expected to cause substantial emotional distress, is guilty of a gross misdemeanor.
    • Potential Sentence: Up to 364 days in jail and/or a fine of up to $3,000.

Penalties for Aggravated Violations (Felony – Subd. 3)

Certain harassment offenses under Subdivision 2 are elevated to felonies if committed under aggravating circumstances:

  • (a) Five-Year Felony: A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if they commit a harassment offense (from Subd. 2) AND:
    • (1) Bias-Motivated: The offense was committed in whole or substantial part because of the victim’s (or another’s) actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability, or their association with such a group.
    • (2) False Impersonation: The offense was committed by falsely impersonating another.
    • (3) Dangerous Weapon Used: A dangerous weapon was used in any way in the commission of the offense.
    • (4) Intent to Influence/Tamper/Retaliate Against Judicial Process/Officials: The offense was committed with intent to influence or tamper with a juror or judicial proceeding, or to retaliate against a judicial officer, prosecutor, defense attorney, or officer of the court due to their official duties.
    • (5) Victim Under 18 (with age difference): The offense was committed against a victim under 18, and the actor is more than 36 months older than the victim.
  • (b) Ten-Year Felony (Sexual/Aggressive Intent Against Minor): A person is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if they commit a harassment offense (from Subd. 2) against a victim under 18, the actor is more than 36 months older, AND the act is committed with sexual or aggressive intent.

Penalties for Second or Subsequent Violations (Felony – Subd. 4)

Repeat harassment offenders face felony charges:

  • (a) Five-Year Felony (One Prior): A person is guilty of a felony (up to five years imprisonment and/or $10,000 fine) if they violate any provision of Subdivision 2 (harassment) within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
  • (b) Ten-Year Felony (Two or More Priors): A person is guilty of a felony (up to ten years imprisonment and/or $20,000 fine) if they violate any provision of Subdivision 2 within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency.(“Qualified domestic violence-related offense” is defined elsewhere in Minnesota statutes and typically includes domestic assault, violation of an OFP, etc.)

Penalties for Stalking (Felony – Subd. 5)

  • Ten-Year Felony: A person who engages in stalking (as defined by two or more predicate acts within five years causing the victim to feel terrorized or fear bodily harm, where the actor knew or should have known this reaction would occur) is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Additional Consequences:

  • Mental Health Assessment and Treatment (Subd. 6): For felony convictions under this section, the court shall order an independent professional mental health assessment and, if indicated, require the offender to undergo treatment.
  • Firearm Prohibitions (Subd. 8): Convictions for harassment or stalking under this section result in prohibitions on firearm possession, typically for three years, but potentially for life if a firearm was used in the crime. Violating this prohibition is a gross misdemeanor. The statute also mandates firearm transfer procedures and potential forfeiture.

These penalties underscore the profound legal jeopardy associated with harassment and stalking charges in Minnesota.

Real-World Illustrations: How Criminal Harassment and Stalking Charges Arise in the Twin Cities

The offenses of criminal Harassment and Stalking, as defined by Minnesota Statute § 609.749, cover a spectrum of intrusive, threatening, and fear-inducing behaviors. Understanding how these complex legal definitions apply to real-life situations encountered in Minneapolis, St. Paul, and surrounding Minnesota communities can provide critical insight. These charges often arise from escalated interpersonal conflicts, domestic situations, obsessive behaviors, or targeted intimidation.

The core of these offenses typically involves a pattern of conduct (though some single acts can qualify for harassment if severe enough) coupled with a specific criminal intent (to harass, intimidate, injure, or kill) and a resulting impact on the victim (reasonable fear of substantial bodily harm or substantial emotional distress for harassment; feeling terrorized or fearing bodily harm for stalking). Prosecutors in Hennepin or Ramsey County will meticulously build cases based on evidence of these actions, intents, and impacts.

Example: Persistent Unwanted Contact and Monitoring After a Breakup (Harassment – Subd. 2)

After a relationship ends, one individual in Minneapolis begins repeatedly calling their ex-partner at all hours, sending numerous unwanted text messages and emails, and frequently driving by their home and workplace. The ex-partner has asked them to stop, but the behavior continues, causing the ex-partner to lose sleep, feel constantly on edge, and fear for their safety. If the actor’s intent was to harass or intimidate, and their actions (repeated calls/texts – Subd. 2(c)(4); following/monitoring – Subd. 2(c)(2)) placed the ex-partner in reasonable fear of substantial bodily harm or caused substantial emotional distress, this could lead to gross misdemeanor harassment charges.

Example: Cyberstalking and Using Personal Information Maliciously (Harassment – Subd. 2)

An individual in St. Paul becomes fixated on a former colleague. They begin monitoring the colleague’s online activity, creating fake social media profiles to send abusive messages, and then use the colleague’s personal photos and contact information (obtained without consent) to create a fake online dating profile soliciting sexual encounters in the colleague’s name (violating Subd. 2(c)(8)). This pattern of online monitoring (Subd. 2(c)(2)) and malicious use of personal information, if done with intent to harass and causing substantial emotional distress, would constitute criminal harassment.

Example: Escalating Pattern of Threats and Property Damage Leading to Stalking Charge (Stalking – Subd. 5)

Over several months, a person in a Twin Cities suburb engages in a series of escalating acts towards a neighbor following a dispute. This includes making terroristic threats (violating § 609.713 – a predicate act for stalking), repeatedly trespassing on their property (§ 609.605 – another predicate act), and causing damage to their car (§ 609.595 – another predicate act). The neighbor is terrified and genuinely fears for their physical safety. If the actor knew or should have known their conduct would cause such terror or fear, this pattern of two or more predicate acts within five years, causing the requisite reaction, would constitute felony stalking under § 609.749, Subd. 5.

Example: Harassment with Bias Motivation (Aggravated Harassment – Subd. 3)

An individual in Hennepin County repeatedly sends harassing and threatening messages to a person, and these messages contain explicit slurs and derogatory comments based on the victim’s race or sexual orientation. The messages cause the victim substantial emotional distress and fear. If the underlying acts meet the definition of harassment under Subdivision 2, and the prosecution can prove the harassment was committed “in whole or in substantial part because of the victim’s or another’s actual or perceived race…or sexual orientation,” this would elevate the offense to a felony under the aggravated violations provision (Subd. 3(a)(1)).

Crafting a Defense: Strategies Against Criminal Harassment and Stalking Allegations in Minnesota

Facing criminal charges for Harassment or Stalking under Minnesota Statute § 609.749 is an extremely serious situation, with the potential for severe penalties including felony convictions and lengthy imprisonment. Individuals accused of these offenses in Minneapolis, St. Paul, or surrounding counties like Dakota or Washington need a sophisticated and aggressive defense. The prosecution bears the heavy burden of proving every element of the specific harassment or stalking charge beyond a reasonable doubt, including the defendant’s actions, their specific intent, and the impact on the alleged victim. A thorough and strategic defense is paramount.

A confident defense approach begins with a meticulous deconstruction of the prosecution’s case. This involves challenging the factual allegations, the interpretation of intent, the credibility of witnesses, and the applicability of the complex statutory definitions. Given the often-subjective nature of terms like “harass,” “intimidate,” “substantial emotional distress,” or “terrorized,” there can be significant room for legal argument and factual dispute. Exploring all potential defenses, including constitutional protections and statutory exceptions, is crucial for anyone seeking to protect their liberty and reputation.

Challenging the Requisite Intent (Subd. 2(b) for Harassment)

For harassment charges under Subdivision 2, the prosecution must prove the accused acted with “intent to kill, injure, harass, or intimidate.”

  • Lack of Criminal Intent: The defense can argue that the accused’s actions, while perhaps unwelcome or misunderstood, were not accompanied by the specific malicious intent required by the statute. For example, repeated attempts to contact someone in Minneapolis might have been misguided efforts at reconciliation or communication without the intent to harass or intimidate, especially if the communications themselves were not inherently threatening.
  • Misinterpretation of Actions: Conduct that the alleged victim perceived as harassing or intimidating might have an alternative, innocent explanation. The defense would focus on presenting evidence to support a non-criminal interpretation of the accused’s motives and actions.

Disputing the Nature or Impact of the Alleged Acts (Subd. 2(b) and 2(c) for Harassment; Subd. 5 for Stalking)

The alleged conduct must meet specific statutory definitions and result in particular impacts on the victim.

  • Conduct Does Not Meet Harassment Definitions (Subd. 2(c)): The defense can argue that the specific acts alleged do not fall into one of the eight categories of harassing conduct listed in Subd. 2(c). For example, a single phone call, or returning to property with a legitimate claim of right, would not qualify.
  • No Reasonable Fear of Substantial Bodily Harm (Harassment – Subd. 2(b)(1)-(2)): The defense can argue that the victim’s fear of substantial bodily harm was not reasonable under the circumstances, or that the alleged conduct was not severe enough to objectively cause such a fear.
  • No “Substantial Emotional Distress” (Harassment – Subd. 2(b)(3)): This is a high standard. The defense can argue that while the victim may have been annoyed or upset, their emotional response did not rise to the level of “substantial emotional distress” as defined by the statute (requiring demonstration through things like therapy, loss of sleep/appetite, mental health diagnosis, etc.). Evidence, or lack thereof, supporting such distress would be critical in a St. Paul case.
  • Victim Not “Terrorized” or Fearing Bodily Harm (Stalking – Subd. 5(a)): For stalking, the victim must actually feel terrorized or fear bodily harm, and the actor must have known or had reason to know their conduct would cause this. The defense can challenge the subjective reaction of the victim or argue the actor could not have reasonably foreseen such an extreme reaction.
  • Predicate Acts for Stalking Not Proven (Stalking – Subd. 5(b)): A stalking conviction requires proof of two or more predicate criminal acts from the specified list. The defense can challenge whether the alleged prior acts actually occurred, whether they constituted violations of the listed statutes, or whether they fell within the five-year window.

Asserting Constitutional Rights and Statutory Exceptions (Subd. 7)

The statute itself provides exceptions, and constitutional rights are always relevant.

  • First Amendment Protected Speech: Subdivision 7 explicitly states that Subd. 2(c)(2) (following, monitoring, pursuing) does not impair constitutionally protected speech, including peaceful and lawful handbilling and picketing. If the alleged harassing conduct involved expressive activity, a First Amendment defense might be applicable, arguing the speech did not constitute a true threat or incitement.
  • Conduct Performed Under Lawful Authority or Purpose (Subd. 7): The statute provides an exception if the conduct is performed under a valid license, to ensure compliance with a court order, to carry out a lawful commercial purpose or employment duty, is authorized by contract, or is protected by law or constitution. For example, a process server following someone to serve legal papers in Anoka County would likely fall under this exception.
  • False Allegations (Subd. 2(c)(7)): If the charge is making false allegations against a peace officer, the defense would focus on proving the allegations were true or made in good faith without the intent to influence or tamper.

Challenging Aggravating Factors or Prior Convictions for Enhanced Penalties

If the state seeks enhanced felony penalties under Subdivisions 3 or 4, the defense must specifically challenge the aggravating factors or the validity/applicability of prior convictions.

  • No Bias Motivation (Subd. 3(a)(1)): The defense can argue that the harassment was not motivated by the victim’s race, religion, gender, etc., but by other interpersonal issues.
  • No Use of Dangerous Weapon (Subd. 3(a)(3)): The defense can contest whether an item was a “dangerous weapon” or if it was “used” in the commission of the harassment.
  • Prior Convictions Invalid or Not “Qualified”: For enhancements based on prior “qualified domestic violence-related offenses,” the defense can scrutinize whether the prior convictions indeed meet the legal definition or if they occurred within the specified timeframes.

Addressing Your Inquiries: Frequently Asked Questions About Minnesota’s Criminal Harassment and Stalking Laws

Criminal charges for Harassment or Stalking under Minnesota Statute § 609.749 are complex and carry severe potential consequences. Individuals in Minneapolis, St. Paul, and throughout the Twin Cities area often have urgent questions when facing such allegations. Here are answers to some common queries.

What is the main difference between criminal harassment and stalking in Minnesota?

Criminal harassment (Subd. 2) involves specific acts (like repeated calls, following, or using personal info maliciously) done with intent to kill, injure, harass, or intimidate, resulting in reasonable fear of substantial bodily harm or substantial emotional distress. Stalking (Subd. 5) is a felony involving a pattern of two or more predicate criminal acts (from a specific list) within five years that the actor knows or should know would cause a victim to feel terrorized or fear bodily harm, and which does cause that reaction. Stalking generally implies a more sustained and often escalating course of conduct built on other criminal acts.

What does “substantial emotional distress” mean for a harassment charge?

Subdivision 2(a)(4) defines it as “mental distress, mental suffering, or mental anguish as demonstrated by a victim’s response to an act including but not limited to seeking psychotherapy… losing sleep or appetite, being diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.” It’s a higher bar than just being upset or annoyed.

Can I be charged with harassment for sending multiple text messages?

Yes, under Subd. 2(c)(4), “repeatedly…sends text messages” can be a harassing act if done with the intent to kill, injure, harass, or intimidate, AND it places the recipient in reasonable fear of substantial bodily harm or causes (or would reasonably be expected to cause) substantial emotional distress. The content, context, and frequency of the messages, as well as any requests to stop, would be important.

Is following someone always considered harassment or stalking in Hennepin County?

“Follows, monitors, or pursues another” (Subd. 2(c)(2)) can be an act of harassment if coupled with the requisite intent and impact defined in Subd. 2(b). For stalking, following could be one of the predicate acts if it also constitutes a violation of the harassment statute or another listed offense. However, there are exceptions (Subd. 7) for conduct performed for a lawful purpose (e.g., a licensed private investigator on a legitimate case). The context in a Hennepin County case would be closely examined.

What are “qualified domestic violence-related offenses” that enhance penalties?

These are prior convictions for specific offenses, often involving violence or threats against family or household members, such as domestic assault, violation of an Order for Protection, or terroristic threats. A conviction for harassment or stalking can become a felony with significantly increased penalties if the accused has such priors within a certain timeframe (Subd. 4).

What kind of prior acts can lead to a felony stalking charge in St. Paul?

Subdivision 5(b) lists numerous predicate acts. Committing any two or more of these within five years (e.g., terroristic threats and a violation of a Harassment Restraining Order) can form the basis for a stalking charge if the other elements (knowledge of impact, victim’s reaction of terror/fear) are met. These prior acts could have occurred in St. Paul or other jurisdictions.

Are there exceptions to the harassment/stalking laws for certain activities?

Yes, Subdivision 7 provides exceptions. Conduct is not a crime if it’s performed under a valid license, to ensure compliance with a court order, for a specific lawful commercial purpose or employment duty, is authorized by contract, or is protected by law or constitutions. Peaceful and lawful picketing or handbilling is also protected.

What are the firearm restrictions if convicted of harassment or stalking in Minnesota?

Subdivision 8 details significant firearm prohibitions. Generally, a conviction leads to a three-year ban on possessing firearms. If a firearm was used in the crime, the ban could be longer or lifelong. There are also requirements for transferring firearms and surrendering permits. Violating these firearm prohibitions is a gross misdemeanor.

Is a mental health assessment mandatory for all harassment/stalking convictions?

Under Subdivision 6, when a person is convicted of a felony offense under this section (or another felony arising from a charge based on this section), the court shall order an independent professional mental health assessment, unless an adequate one was already done. If treatment is recommended, it becomes part of the sentence.

Can I be arrested without a warrant for alleged harassment?

Subdivision 1c states that for most violations under this section, a peace officer may make a warrantless arrest under the general provisions of § 629.34 (which allows warrantless arrests for public offenses committed in the officer’s presence, or for felonies not in their presence if there’s reasonable cause). However, an officer may not make a warrantless, custodial arrest for a violation of Subd. 2(c)(7) (knowingly making false allegations against a peace officer).

What is the venue for prosecuting these crimes if acts occur in multiple Twin Cities counties?

Subdivision 1b allows prosecution in any county where one of the acts was committed. It also has specific venue rules for electronic communications or mailed items, often allowing prosecution where the actor or victim resides, or where calls/messages are made or received. This provides flexibility for prosecutors dealing with cases spanning multiple jurisdictions like Hennepin and Ramsey counties.

How does this criminal harassment statute (§ 609.749) relate to civil Harassment Restraining Orders (§ 609.748)?

They are related but distinct. § 609.748 provides a civil process for obtaining a restraining order to prevent future harassment. § 609.749 defines criminal offenses of harassment and stalking, which are prosecuted by the state and can lead to criminal penalties. Sometimes, conduct leading to an HRO might also form the basis for criminal charges, or violating an HRO can lead to criminal charges under § 609.748, subd. 6, which itself can be a predicate act for stalking under § 609.749.

If someone uses my personal information online to solicit sex for me, is that criminal harassment?

Yes, under Subdivision 2(c)(8), if a person uses your personal information without consent to invite, encourage, or solicit a third party to engage in a sexual act with you, and this is done with the intent to harass, kill, injure, or intimidate you, and it causes the requisite fear or substantial emotional distress, it is a gross misdemeanor harassment crime.

What if the alleged harassment was only online or through social media?

The statute explicitly includes acts committed “through any available technological or other means” (Subd. 2(c)(2)) and communications made “electronically” or “through any available technologies” (Subd. 2(c)(6)). Therefore, online harassment, cyberstalking, and harassment via social media can absolutely be prosecuted under this law if the elements are met.

Why is it so important to have an attorney for these types of charges in the Twin Cities?

Harassment and stalking charges are incredibly serious, with complex legal definitions, severe felony penalties, and life-altering collateral consequences like firearm bans and potential registration. An experienced criminal defense attorney in the Twin Cities can analyze the intricate facts, challenge the prosecution’s evidence on intent and impact, explore constitutional and statutory defenses, negotiate with prosecutors, and provide a vigorous defense in court to protect your rights and future.

Beyond Conviction: The Profound Long-Term Impact of Minnesota Harassment and Stalking Charges

A conviction for criminal Harassment or Stalking under Minnesota Statute § 609.749 carries devastating and far-reaching consequences that extend well beyond any sentence of imprisonment or fines. For individuals in the Twin Cities metropolitan area, these convictions can irrevocably alter their lives, creating significant, long-term barriers to personal and professional well-being.

Creation of a Serious and Stigmatizing Criminal Record

Any conviction under this statute, whether a gross misdemeanor or a felony, results in a permanent criminal record. Given the nature of harassment and stalking offenses—often perceived as threatening, obsessive, or predatory—this type of record carries a particularly heavy stigma. Background checks conducted by employers, landlords, educational institutions, and volunteer organizations in Minneapolis, St. Paul, and elsewhere will reveal these convictions, often leading to immediate disqualification or deep suspicion. Overcoming this stigma can be an arduous, if not impossible, task.

Severe Impediments to Employment and Professional Licensing

A harassment or stalking conviction can be a death knell for many career paths. Employers are often extremely wary of hiring individuals with such a history, fearing potential workplace safety issues, liability, or reputational harm. Professions requiring licenses (e.g., teaching, healthcare, law, finance, security) typically have stringent character and fitness standards that a harassment or stalking conviction would almost certainly violate, leading to denial or revocation of licenses. Opportunities for advancement or new employment in the competitive Twin Cities market can become severely limited.

Loss of Fundamental Civil Rights, Including Firearm Possession

As detailed in Subdivision 8, convictions under § 609.749 result in mandatory prohibitions on possessing firearms, generally for three years but potentially for life if a firearm was used in the commission of the crime. This is a significant loss of a constitutional right. Felony convictions also result in the loss of other civil rights, such as the right to vote (until the sentence is fully discharged, including probation/parole) and the right to serve on a jury. These restrictions can profoundly impact an individual’s sense of civic participation and personal liberty in Hennepin, Ramsey, and surrounding counties.

Social Ostracization, Damaged Relationships, and Psychological Toll

The social consequences of a harassment or stalking conviction are often severe. Friends, family members, and community acquaintances may distance themselves due to the nature of the offense, leading to isolation and loneliness. The label of “harasser” or “stalker” is incredibly damaging to personal relationships and social standing. Furthermore, the experience of being prosecuted, convicted, and potentially incarcerated, along with the ongoing stigma and limitations, can take a significant psychological toll, leading to depression, anxiety, and difficulty reintegrating into society. The mandatory mental health assessment for felony convictions, while intended to be therapeutic, also underscores the perceived psychological component of these offenses.

The Unquestionable Need for Dedicated Legal Counsel in Minnesota Harassment and Stalking Cases

When an individual in the Twin Cities is confronted with the grave allegations of criminal Harassment or Stalking under Minnesota Statute § 609.749, the immediate engagement of skilled, dedicated legal counsel is not merely a recommendation—it is an absolute necessity. These are among the most serious interpersonal crimes, carrying the potential for lengthy incarceration, crippling fines, mandatory firearm prohibitions, and a criminal record that can shatter one’s future. Attempting to navigate the complex legal labyrinth of Minneapolis, St. Paul, Hennepin, or Ramsey County courts alone against such charges is an extraordinarily high-risk endeavor.

Deciphering Complex Statutory Definitions and Intent Requirements

Minnesota’s harassment and stalking statute is exceptionally detailed, with nuanced definitions for various prohibited acts, specific intent requirements (e.g., “intent to kill, injure, harass, or intimidate”), and precise thresholds for resulting harm (e.g., “reasonable fear of substantial bodily harm,” “substantial emotional distress,” “feel terrorized”). An accomplished criminal defense attorney possesses the critical ability to meticulously analyze the prosecution’s evidence against these intricate statutory elements. They can identify where the state’s case may fall short in proving, for example, the specific intent behind an act or the objective reasonableness of an alleged victim’s fear, which is vital in challenging charges in a Hennepin County courtroom.

Investigating Allegations and Challenging the Prosecution’s Narrative

A cornerstone of any effective defense against harassment or stalking charges is a thorough and independent investigation. This involves scrutinizing all evidence, including digital communications (texts, emails, social media), witness statements, timelines, and the context of interactions between the accused and the alleged victim. An attorney can uncover inconsistencies, biases, or alternative explanations for the conduct that counter the prosecution’s narrative. In a St. Paul case, for instance, counsel can subpoena records, engage forensic PIs if necessary, and rigorously cross-examine accusers and law enforcement to test the veracity and sufficiency of their claims. This proactive investigation is crucial to building a strong defense.

Asserting Constitutional Protections and Statutory Exceptions

The U.S. and Minnesota Constitutions guarantee fundamental rights, including due process, the right to confront accusers, and, in some contexts, freedom of speech. An attorney will ensure these rights are protected throughout the proceedings. Furthermore, § 609.749, Subd. 7, provides specific exceptions for conduct performed under lawful authority or for legitimate purposes. Counsel will explore whether these exceptions or other defenses, such as mistaken identity or false accusation, apply to the specific facts of the case in Anoka or Dakota County. Effectively raising these defenses requires a deep understanding of criminal law and procedure.

Negotiating with Prosecutors and Providing a Formidable Trial Defense

Given the severity of potential penalties, skilled negotiation with prosecutors is often a critical part of the defense strategy. An attorney may be able to demonstrate weaknesses in the state’s case or present mitigating circumstances that could lead to reduced charges, a favorable plea agreement that avoids the most damaging felony consequences or lengthy incarceration, or even a dismissal. If a resolution cannot be reached, and the case proceeds to trial in Washington County or elsewhere in the Twin Cities, experienced trial counsel is indispensable. They will develop a compelling trial strategy, challenge the state’s evidence, present defense witnesses, and make persuasive arguments to the judge or jury, all with the unwavering goal of achieving an acquittal or the best possible outcome for their client.