It is now a misdemeanor to willfully and maliciously engage in a known pattern of conduct over a period of time directed at a person, which “seriously alarms” that person so that it would cause a reasonable person to suffer “substantial emotional distress”. The punishment for this misdemeanor is two and half years in the House of Correction or by a fine of not more than $1,000 or both.
The conduct which this law seeks to control would be any contact conducted by mail or by use of telephone or telecommunication devices. Any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by wire, radio, electromagnetic, photo-electronic, or photo optical system would be included along with email and other internet communications such as instant messaging directed at another. It is obvious from a reading of the law that the intent is to control the boom in technology related communication devices.
Our guess at Ianello & Brittain is that the term “substantial emotion distress” will be tested and contested in nearly every prosecution. Name calling or the use of vulgar or indecent language or gestures could cause a reasonable person to suffer “substantial emotional distress”. Some words or gestures might “seriously alarm” one person but might not alarm another. What might be offensive to one person may not be offensive to another. If a person takes things literally, then even communications made in jest may warrant a criminal charge. A valid constructive criticism lodged against another which “seriously alarms” that person or causes that person to suffer “substantial emotional distress” may now be a crime. If we don’t tread softly, and reflect more about the laws which our elected officials are passing these days, we may find our first amendment rights being usurped by our ever growing socialist population.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
