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Please Note: The Maine Criminal Defense Group only assists clients who have been charged or accused of a crime and do not assist individuals who are victims of stalking or harassment.
With the simultaneous rise of the internet, smartphones, text communication, social media and other technological gadgetry, it’s safe to conclude that there are many more ways to harass and bully others than in the past.
In the not-too-distant past, harassment was limited almost entirely to in person interactions. There was always the possibility of encountering abuse from a local bully, or a disgruntled former employee, or other person with whom you had regular contact at some point.
Now, technology has completely changed the way we communicate, and increasingly we see in person interaction being replaced by communication via electronic devices, such as tablets and smartphones.
This change in communication has also led to a change in how harassment, bullying and stalking takes place as well. Even when we alter our methods of communication, it seems that we retain most of our core traits, foibles and impulses.
The change in communication methods leads us to an important issue:
- how do we regulate behavior which occurs via electronic media? If, for instance, a person engages in harassment via text message communication, how will that harassment be classified, defined and punished?
- Similarly, how will instances of cyberbullying and cyberstalking be treated under Maine law?
Fortunately, the State of Maine has made great strides in this arena; most of the fundamental questions in this area have already been handled, although there are certainly some issues which remain to be fully clarified.
In this post, we will cover the current statutory definition of harassment via telephone or other electronic communication device, as well as stalking (both electronic and non-electronic). We will also go over the criminal classifications and punishments.
Dealing with an allegation of harassment or stalking is a serious matter. If you need assistance, don’t hesitate to contact the Maine Criminal Defense Group.
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Harassment by Telephone or by Electronic Device in Maine
Title 17-A, Part 2, Chapter 21, § 506 deals with “harassment by telephone or by electronic communication device.” In addition to laying out the various criminal offenses, this section also provides a formal definition of “electronic communication device,” as we will discuss later.
The first offense described in this section refers to any communication which involves any unwanted coarse language or obscenities. Thus, if a person sends an obscene text message to another person without their consent, this would fall under this category. The next offense is a subcategory of this first offense, and it describes communication sent to someone of a certain age, or to someone with a mental disability.
If, for instance, someone sends a sexually explicit message to someone under the age of 14, or between 14 to 15 and the sender is minimally 5 years older, or the recipient has a mental disability known to the sender, this would qualify as “harassment.”
Maine law also describes the act of sending an image of one’s genitals (i.e. “sexting”) as harassment provided that the communication is unwanted. The next series of harassment offenses described in Maine law (in subparagraphs B through E) refer to non-sexual harassment.
Multiple forms of behavior are described: communications which have the intent to annoy, abuse, or threaten the recipient; repeated communications which have no functional purpose; or allowing one’s devices to be used for the purpose of harassment (which can take the form of any of these behaviors).
The phenomenon of using electronic communication devices to disseminate sexually explicit images (“sexting”) is still relatively novel, and so Maine law can likely be thought of as “ahead of the curve” in this manner.
Definition of Electronic Communication Devices in Maine
Given that electronic communication devices are central to this section, Maine law provides a formal definition of this concept.
According to Maine law, this concept includes any electronic device or digital product capable of transmitting messages at a distance and allows the owner to engage in the conduct described above.
Hence, according to this definition, a tablet computer would qualify, as would a regular landline telephone, a smartphone, and so forth.
Classification & Jurisdiction of Harassment Offenses
For first offenses, all but one of the offenses discussed above are classified as Class E crimes in Maine. One offense which is classified as a Class D crime is harassment against a minor or a person with mental disabilities.
Under this section, Maine law also outlines the jurisdictional qualifications of these offenses. Maine law allows these crimes to be prosecuted either in the county in which the defendant was located when sending communications, or the county in which the victim was located.
Stalking Laws In Maine
While most people have a common-sense understanding of stalking as unwanted romantic advances or harassment from former partners, Maine law formally defines stalking under Title 17-A, Part 2, Chapter 9, § 210.
Key legal principle: Maine defines stalking primarily by the effects produced by conduct, rather than the conduct itself. The same behavior may or may not constitute stalking depending on the specific context and impact on the alleged victim.
When Does Behavior Constitute Stalking in Maine?
Under Maine law, conduct becomes stalking when it causes someone to experience:
- Serious inconvenience or emotional distress
- Fear of bodily injury to themselves or a relative
- Fear of death to themselves or a relative
- Fear of damage or destruction to property
- Fear of injury or death to an animal
How Context Determines Stalking Charges
Important factors that affect stalking classification:
- Relationship between parties: The same remarks may have different effects depending on who makes them
- Pattern vs. isolated incidents: A single act may not constitute stalking, but repeated acts creating the same effect may
- Specific circumstances: Edge cases depend on minute details of each situation
Real-World Example: Post-Breakup Communications
Consider this scenario: After a difficult breakup involving infidelity, one partner makes a threat against the other’s dog during confrontation. One week later, they send a text message with another threat against the same dog.
Legal question: Has stalking occurred?
This represents a typical “edge case” where context matters significantly. While one person may view this as emotional venting after betrayal, the other partner may have legitimate reasons to take the threats seriously. The legal outcome depends on the specific facts and their interpretation.
Cyberstalking and Electronic Harassment in Maine
Modern reality: Most stalking today occurs electronically through social media, text messaging, and other digital communication platforms, commonly called “cyberstalking.”
How Maine Addresses Electronic Stalking
While Maine’s primary stalking statute doesn’t specifically mention cyberstalking, case law confirms that electronic harassment qualifies as stalking under existing definitions. The use of electronic devices is referenced in additional statutory paragraphs.
Digital stalking behaviors include:
- Repeated unwanted text messages or emails
- Harassment through social media platforms
- Using electronic communication to create fear or distress
- Online threats against person, property, or animals
Federal Cyberstalking Prosecutions
In extreme cases, federal prosecution for cyberstalking may occur when:
- Interstate activity: Crossing state lines to kill, injure, harass, or intimidate
- Federal communication systems: Using US Mail or computer services for harassment
- Severity threshold: Cases reaching extreme levels that warrant federal intervention
The Violence Against Women Act of 2005 provides the federal framework for these prosecutions, though they remain relatively rare in Maine.
Maine Stalking Penalties and Classifications
First-Time Stalking Offense is a Class D Crime (Misdemeanor). The penalties can be:
- Jail time: Up to 364 days
- Fines: Up to $2,000
- Additional consequences: Protective orders, no-contact provisions
Repeat stalking can be classified as Class C Crime (Felony) with the following penalties:
- Prison time: Up to 5 years
- Fines: Up to $5,000
- Enhanced penalties: Stricter probation and longer supervision
Stalking cases often involve subjective interpretation of behavior and intent. Because the same conduct can be legal or criminal depending on context and effect, experienced legal representation is essential to:
- Challenge subjective interpretations of your conduct
- Provide crucial context that may change the legal analysis
- Protect your rights during investigation and prosecution
- Navigate the complexity of electronic evidence and digital communications
Remember: What you consider normal communication may be interpreted as threatening by law enforcement. The effects-based definition of stalking in Maine means your intent matters less than the alleged impact on the other person.
The Increasing Rates of Cyberbullying in Maine
As mentioned, cyberstalking is increasingly taking the form of electronically-based behavior. More and more, we are seeing instances of “cyberbullying” via social media, such as Facebook, Instagram, Twitter and other popular media.
Cyberbullying is also occurring through text messaging, and also video messaging through media such as Snap Chat and other smartphone-based applications. Readers should take away that this type of behavior can definitely be classified as stalking.
In many cases, people engage in bullying behavior via electronic communication devices with the assumption that this cannot trigger serious repercussions. This assumption is clearly mistaken. People can commit serious offenses using electronic communication devices; this means harassment, and stalking.
Contact the Maine Criminal Defense Group For Help Now
Technology has advanced by leaps and bounds, and with all the advancements comes a great deal of complexity. These devices have literally altered our way of life, and the alterations have been positive in many ways. But, with these advancements we’ve also seen new opportunities for abuse and misuse, and that’s essentially what we’ve described here.
Whenever a new technology is introduced, there will always be those who use it for darker purposes. This has clearly been the case with electronic communication devices, as we’ve seen new forms of harassment, bullying and stalking.
As such, the State of Maine has kept abreast with the pace of change and has developed its criminal code accordingly.
On the other hand, just because the State of Maine has codified things in the way in which we’ve discussed doesn’t mean all ambiguity or uncertainty has been removed. When it comes to determining whether a given instance of communication falls into the category of harassment, there is always the possibility that someone can make an argument for either side. Part of understanding precisely how particular instances are categorized comes down to familiarity with previous cases. This is where the expertise of an experienced criminal defense attorney comes into play.
If you’ve been accused of electronic harassment, or stalking, contact an experienced criminal defense attorney today for professional assistance. Give the Maine Criminal Defense Group a call today or reach out directly online to learn more.
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