Massachusetts General Laws Chapter 265 Section 43 defines the crime of stalking. To be convicted of stalking, it must be proven beyond a reasonable doubt that the defendant:

  1. Willfully and maliciously
    1. Engaged in a knowing pattern or serious of acts
    2. Directed at particular person
    3. That caused that person to be seriously alarmed; and
    4. Would create substantial emotional distress in a reasonable person
  2. AND

  3. Made a threat intending to place the person in fear of death or serious bodily injury.

The” willful and malicious” part of the element just relates to the intentional and unjustified nature of the act and the defendant’s knowledge that his contact was not wanted. Satisfaction of that element does not require that the defendant had acted out of hostility, aggression, or the like. A “pattern of conduct or series of acts” means that there were at least three different occasions.

Stalking includes contact made by mail, e-mail or Internet communications, or facsimile. With the prevalence of the Internet in modern communications, cyber stalking, which involves electronic communications, has become increasingly common. Contributing to this is the anonymity provided by the Internet.


Usually this kind of criminal conduct develops from behavior that is simply persistent or pushy at the outset, and persons charged with this crime might not fully understand the potential penalties. Stalking is punishable by up to 5 years in state prison or by a fine of up to $1,000 and/or 2 ½ years in the house of correction. Other charges that are sometimes related to stalking include: annoying phone calls, burglary, and trespassing.

Massachusetts Stalking Defense Lawyer: (617) 973 5858

Robert J. Wheeler Jr. handles all types of criminal matters and has been doing so for three decades. Because of this, extremely few attorneys can match Attorney Wheeler’s expertise in the area of criminal defense. On top of his experience and talent, Attorney Wheeler’s passion for his work and dedication to his clients is without compare. If you have been charged with stalking or any other crime in the Boston area or anywhere in Massachusetts, speaking with Attorney Robert J. Wheeler will put you in the best position possible. Call the Law Office of Robert J. Wheeler Jr. at (617) 973 5858 or contact him online. He will be available to speak with you at any time, so do not hesitate to call, day or night.