What is Considered Harassment?
According to Minnesota law, harassment occurs when a person knowingly engages in behavior that adversely affects the person subject to the conduct.
Specifically, Minnesota Statutes § 609.749 provides that the act would cause the alleged victim to feel:
- Frightened,
- Threatened,
- Oppressed,
- Prosecuted, or
- Intimidated
Interesting to note about the law is the prosecutor does not have to prove that the defendant intended to cause any of the above reactions. Thus, a person may be accused and convicted of harassment even if they did something innocent that another person mistook as potentially harmful behavior.
What Qualifies as a Harassment Charge?
Any of the following acts may be considered harassment:
- Intending to injure another person, their property, or their rights – whether directly or indirectly;
- Following another person either physically or through electronic means;
- Returning to someone else's property without permission from the owner
- Constantly calling or texting another person
- Calling someone and making their phone ring continuously
- Repeatedly sending packages or correspondence to another person
- Falsely accusing a peace officer of misconduct
- Using someone else's information to solicit sex with another
Harassment Penalties in Minnesota
Harassment is a crime. Generally, it's charged as a gross misdemeanor, a conviction for which can lead to a jail term of up to 1 year and/or a fine of up to $3,000. However, under certain circumstances, it's considered an aggravated offense, and the potential punishments substantially increase.
Under the following conditions, a conviction may lead to imprisonment for up to 5 years and/or a fine of up to $10,000:
- The alleged victim was targeted because of their actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin;
- A dangerous weapon was used in the commission of the crime;
- The offense was committed to influence judicial proceedings;
- The victim was under 18 years of age and the actor was more than 3 years older than them
A court can impose penalties similar to those stated above if a person is convicted of harassment within 10 years after a previous domestic assault-related offense. If the individual has two or more domestic assault convictions, then they may face imprisonment for up to 10 years and/or a fine of up to $10,000.
What's important to note is that a person who feels they are being harassed or stalked can seek a restraining order against the alleged offender.
If a court grants the request, the actor will be prohibited from:
- Harassing or stalking the alleged victim, or
- Contacting the alleged victim in any way
If the person named violates the order, they may face punishments separate from those levied for a harassment conviction.
Restraining Order Violation in MN
The potential penalties for a restraining order violation are as follows:
- Misdemeanor: First offense
- Up to 90 days in jail and/or a fine of not more than $1,000
- Gross misdemeanor: Second offense within 10 years of a domestic assault-related offense
- Up to 1 year in jail and/or a fine of up to $3,000
- Felony: Imprisonment for up to 5 years and/or a fine of up to $10,000 when the offense
- Occurred within 10 years of 2 or more domestic assault-related crimes
- Was motivated by bias
- Occurred by impersonating another
- Was committed with a dangerous weapon
- Occurred to influence judicial proceedings
- Was committed against a person under 18 and the actor was 3 years older than them
If you've been accused of harassment in Minneapolis, call Brockton D. Hunter P.A. at (612) 979-1112 or contact us online.