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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Thank you very much about the defamation clarification? How

Customer Question

Thank you very much about the defamation clarification? How about stalking? I did look her husband up on /facebook and found out her husband's name and told him about her possible infedility. Could I get a stalking charge for this? Also she tried to turn the apology card for prostitution as said harassment to the police and mentioned the facebook. Her statement that I harassed her in the store was false as there was never any signs she felt harassed and she even said "I'll see you again". Keep in mind I've stayed away from this women. Even though not guilty of defamation could I be for stalking/harassment for Massachusetts Law.
Submitted: 6 months ago.
Category: Legal
Expert:  P. Simmons replied 6 months ago.

Stalking/harassment requires a a "course of conduct"...basically, repeated actions.

From the MA statute stalking is defined as a person who:

willfully and maliciously engages in a knowing pattern of conduct or 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,

That is not what you are describing.

To convict you, the state would have to prove the course of conduct or "pattern"...the isolated event of contacting the spouse is NOT stalking

Harassment is similarly defined (it is a pattern of conduct)

She could try and convince the police to charge you...but what you are describing there is not evidence to support a stalking charge (unless there were more incidents of you trying to contact and annoy/disturb her)

Thanks for accepting the prior answer....this is a follow on should NOT be charged for it. Let me know when you are satisfied and I will have this one sent back to be closed and get a refund of any deposit you left