Legal Topics

Criminal law — Stalking — Constitutionally protected activity

Jun 03rd, 2024 in by admin

Jury instructions — Defendant charged with cyberstalking police officer by posting harassing message regarding officer on Twitter — State’s request for special jury instruction stating that defamation is not protected by First Amendment is denied where proposed instruction would apply civil standard for defamation in prosecution of criminal stalking offense — Posting about police officer is constitutionally protected activity excluded from meaning of “course of conduct” under stalking statute and, absent posting incident, state would not have two incidents of stalking needed for conviction — Stalking charge dismissed