An Act to Protect Victims of Stalking in Violation of Harassment Prevention Orders

Lead Sponsor: Representative Kate Hogan

Impetus

Stalking is a crime that causes its victims to live in constant fear.  While current law provides an enhanced penalty where the stalking is in violation of a restraining order obtained against a spouse or family member, there is currently no such provision for stalking in violation of a harassment protection order.  Where a person has obtained an order prohibiting the stalker from contacting him or her, that person should be able to rely on the protection of the law, regardless of whether the stalker is a family member or not.  Violation of such an order should carry a separate and enhanced penalty, whether the order is a restraining order or a harassment prevention order. 

Need

The current statute, G.L. c. 265, § 43 (b), creates an enhanced penalty for stalking where the stalking violates an order issued pursuant to G.L. c. 208, §§ 18, 34B and 34C (orders to vacate marital home during divorce proceedings); G.L. c. 209, § 32 (restraining order against spouse); G.L. c. 209A, §§ 3, 4, and 5 (abuse prevention orders against family or household members); and 209C, §§ 15 and 20 (orders concerning children born outside marriage).  It does not criminalize stalking in violation of a harassment prevention order issued pursuant to G.L. c. 258E, §§ 3, 5, or 6.  This may be an oversight by the Legislature; surely the victims of such stalking are no less traumatized than the victims of stalking in violation of other orders.  This amendment corrects the oversight.

Legislative Fix

• Amends G.L. c.  265, §43 (b) to criminalize a violation of a harassment prevention order issued pursuant to G.L. c. 258E, §§ 3, 5, or 6.