Legal Question in Criminal Law in Minnesota

Re: Is this stalking?

I just received your question regarding what I would agree is rather unusual behavior. Is this stalking?

Stalking is something of a "term of art." What you are describing would probably be considered harassment (which includes stalking), and is described in Minnesota Statutes section 609.749. The behavior you have described could theoretically be charged as a gross misdeanor offense, particularly if there is a pattern of such incidents and something about her behavior appears calculated to intimidate or harass you. I think it unlikely, however, the police or city attorney would take any action based on a single incident.

If you are concerned about your safety, and if this happens again, I would encourage you to consider petitioning the court for a harassment restraining order under Minnesota Statutes 609.748. This statute can be found at the State legislature's website, or by following the link at the "links" page on my website.

To petition for a restaining order, you must allege that there have been "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have

a substantial adverse effect on the safety, security, or privacy of another, regardless of the

relationship between the actor and the intended target...."

A single incident is not sufficient to justify a petition for a restraining order. At least two or more incidents are required. Those incidents do not have to be the same type of behavior, but must be of the type described in the statute that is quoted above -- that is, appear calculated to intimidate you, perhaps.

You do not necessarily need a lawyer to assist you in petitioning for a restraining order. You may contact the domestic abuse office in your county (which I see from your zip is Dakota County), and a case worker will assist you with the forms, and with arrangements for service and filing of the petition. There is an office for this purpose at the Western Service Center on Mendota Road.

If you have further questions, you can certainly feel free to contact me at your convenience.

Good luck and thank you again for your question.