Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Note: If you or someone you know is the victim of stalking or domestic violence, call you local police and the Minnesota Day One Crisis Hotline at 1-800-223-1111.
Stalking is not a one-time offense, as it's generally defined as a pattern of unwanted, malicious behavior that may involve excessive phone calls or surprise visits. For instance, someone who shows up at his ex-wife's new apartment to yell obscenities through the window three nights in a row, despite being told to stop, may be charged with stalking. All states have statutes prohibiting stalking, including Minnesota, which also make orders of protection available to stalking victims (who often are victims of domestic violence as well).
According to Minnesota statute, stalking is: to engage in 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 [their] relationship.
The victim is not required to show proof that the alleged stalker meant to cause apprehension or fear in order to get an order of protection, only that his or her actions are consistent with stalking-like behavior.
Additional information about Minnesota stalking laws is listed in the following chart.
| Code Section | 609.749 |
| Stalking Defined as | Harassment: engage in intentional conduct which the actor knows/has reason to know victim would feel frightened, threatened, oppressed, persecuted, or intimidated and causes such reaction(s) |
| Punishment/Classification | Gross misdemeanor. Felony: stalking based on race, color, religion, sex, sexual orientation, disability, or national origin; or stalking by falsely impersonating another or with a dangerous weapon; or stalks a victim under 18 and actor is more than 36 months older than victim. Note: if person stalked and used a firearm, court may order that person not possess any firearm between 3 years and life. |
| Penalty for Repeat Offense | Felony: if repeat or has certain prior convictions within 10 years of discharge |
| Arrest or Restraining Order Specifically Authorized by Statute? | - |
| Constitutionally Protected Activities Exempted? | Yes, includes speech, handbilling, and picketing |
Note: State laws are constantly changing -- contact a Minnesota criminal defense lawyer or domestic violence lawyer, or conduct your own legal research to verify the state law(s) you are researching.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Experienced Federal And State Attorneys Who Achieve The Best Possible Outcome For Every Case! Call Palmer Legal Defense Today!
Virtual Appointments
Get tailored advice and ask your legal questions. Many Minnesota attorneys offer free consultations.
