Minnesota Cyberstalking Laws

Minnesota Cyberstalking Laws

609.749 Harassment; stalking; penalties.

Subdivision 1. Definition. As used in this section, “harass” means to engage in intentional conduct which:

  1. the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and
  2. causes this reaction on the part of the victim.

Subd. 1a. No proof of specific intent required. In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, clause (4), that the actor intended to cause any other result.

Subd. 2. Harassment and stalking crimes.

  1. A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:
    1. directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;
    2. stalks, follows, or pursues another;
    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, 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, or other objects; or
    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.
  2. The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at the place where any call is either made or received. The conduct described in paragraph (a), clause (6), may be prosecuted where any letter, telegram, message, package, or other object is either sent or received.
  3. A peace officer may not make a warrantless, custodial arrest of any person for a violation of paragraph (a), clause (7).