TELEPHONE HARASSMENT AND STALKING
It is not uncommon for a jealous ex-husband or ex-spouse to resort to using a telephone or finding some other way as a means of threatening, intimidating or harassing after or during a nasty breakup, divorce or separation. Ignoring these types of situations can lead to disastrous results, however, there are laws in the Commonwealth that can provide protection and ultimately stop this type of behavior.
Mass. General Laws Ch. 269, section 14A does provide in relevant part:
Whoever telephones another person or causes any person to be telephones, repeatedly, for the sole purpose of harassing, annoying or molesting such person or his/her family, whether or not a conversation ensues or whoever telephones a person repeatedly, and uses indecent or obscene language to such person, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both...
It is not considered harassment if the intent of the caller is to simply reestablish a previous relationship with the person being called. The call has to rise to a level of being a personal attack and in order to qualify under the law there must be at least three or more calls being made.
You can also present evidence of there being a history of being called to show the purpose/intent behind making of the calls aside from any rule against admitting evidence to show prior misconduct.
If the calls are numerous and are obviously troublesome or annoying to an alleged victim then the intent to harass, annoy and/or molest may be inferred from that. Basically, any requisite intent can be inferred from the number of calls, the tenor of the calls, the sequence and/or timing and persistence in placing the calls despite repeated attempts of being asked to cease and desist including warning that the police will be contacted.
Telephone harassment attacks are less serious than actual physical stalking, which can occur (for example) when your jealous ex-spouse also has the intent of doing you physical harm by assault or the causing of death and you are being followed (by car for ex.) with that intent in mind.
Any violation of the telephone harassment law is a misdemeanor (which is up to one year in jail) while the a violation of the stalking law is a felony (one year or more in jail).
The Mass. General Laws Ch. 265, section 43(a) contains the anti-“stalking” law and provides in relevant part:
Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or a series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five (5) years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 2 ½ years or by both such fine and imprisonment. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
“Stalking” like telephone harassment is a crime of intent which must be proven and it is an element of the crime. The intent to "stalk" may also be harder to prove the intent to harass by telephone, etc. Stalking also requires showing proof of it being a pattern or series of actual conduct over time involving more than two incidents.
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