Minnesota Harassment and Stalking Attorneys

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Minnesota Harassment and Stalking Attorneys

Harassment and stalking charges often involve all of the complexities of domestic related criminal charges, and can carry even harsher sentences. Our team of attorneys brings years of experience litigating harassment and stalking charges at all levels of the criminal justice system.

Understanding Harassment and Stalking Charges

Many people misunderstand what legally constitutes Harassment or Stalking under Minnesota law. While repeated, unwanted behavior can certainly feel invasive or upsetting, not all such conduct rises to the level of a criminal offense. A common misconception is that any persistent or annoying behavior qualifies as harassment. In reality, for conduct to be criminally charged under Minnesota Statute § 609.749, it must meet specific legal elements—such as intent to cause fear or substantial emotional distress—and often must result in a reasonable person feeling frightened, intimidated, or oppressed. Understanding these legal distinctions is critical, especially when navigating an accusation or defending against a charge.

Harassment Charges (gross misdemeanor)

A charge of gross misdemeanor Harassment requires a certain act, committed with a certain criminal intent, and causing a certain effect on the other person (i.e. the victim).

The Act:

In order to be convicted for Harassment, the accused must commit one or more of the following acts:

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;
Follows, monitors, or pursues another, whether in person or through any available technological or other means;
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;
Repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;
Makes or causes the telephone of another repeatedly or continuously to ring;
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;
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
Uses another's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person.

The Intent:

The acts listed above only qualify as Harassment if the are committed with the intent to kill, injure, harass, or intimidate the other person.

The Effect:

Finally, even if the accused commits the required act with the required intent, it is only Harassment if that act:

Places the other person in reasonable fear of substantial bodily harm;
Places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or
Causes or would reasonably be expected to cause substantial emotional distress to the other person.

Harassment Charges (felony)

Harassment can be aggravated to a felony level offense if certain circumstances exist or the accused has a prior qualifying conviction:

Aggravating Circumstances

Harassment can be charged as a felony if the accused commits Harassment:

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;
By falsely impersonating another;
And a dangerous weapon was used in any way in the commission of the offense;
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
Against a victim under the age of 18, if the actor is more than 36 months older than the victim;
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.

Subsequent Offenses (Prior Conviction)

Harassment can also be charged as a felony if the accused commits Harassment within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.

Stalking Charges (felony)

A person can be charged with Stalking if they engage in a pattern of harassing criminal conduct toward a victim or members of a household. Similar to Harassment, Stalking charges require a certain act, done with specific intent, causing a certain effect on the other person (i.e. the victim).

The Acts

Stalking means two or more acts of Harassment or other designated criminal acts (listed in 609.749, subd. 5(b)) within a five-year period with respect to a single victim or one or more members of a single household.

The Intent

The prosecution must prove that that accused knows or has reason to know the conduct would cause the victim under the circumstances to feel terrorized or to fear bodily harm. Each underlying criminal act will have its own elements and required level intent, which must also be proven by the prosecution.

The Effect

The prosecution must also prove that the victim did in fact feel terrorized or fear bodily harm as a result of the alleged Stalking conduct.

Fighting a Harassment or Stalking Charge

Defending against Harassment or Stalking charges requires a strategic approach tailored to the facts of the case. These cases often involve lengthy and complex relationships between the parties. It is critical to investigate and build a defense case exploiting inconsistencies or motives to fabricate claims. Another key defense strategy is contesting the prosecution’s ability to prove the required criminal intent—showing that any alleged conduct was not meant to harass, threaten, or intimidate. In Stalking cases, the state must prove a pattern of conduct based on two or more predicate acts; if even one of those acts lacks sufficient evidence or doesn’t meet the statutory requirements, the entire charge may fail. Our skilled defense attorneys will analyze the evidence, scrutinize the allegations, and investigate your case to build compelling defense.