Legal Question in Criminal Law in Minnesota

Is it considered harassment if you don’t know anything about it and since you were unaware you never told the person to stop?

Asked on 10/30/18, 8:07 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Minnesota has statute providing for obtaining a civil Harassment Restraining Order (HRO), after notice and at least an opportunity for a hearing or an actual hearing. If the court issues and HRO, they generally prohibit any contact with the "protected person." Minnesota also has a Stalking crime statute, 609.748. Most crimes defined under that statute include a "knowledge" level of criminal intent, for example: "conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim." You can give me a call if you'd like to discuss.

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Answered on 10/31/18, 6:25 am

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