HARASSMENT

Harassment is conduct that includes unwanted communication that may be threatening, intimidating, frightening or causes emotional distress to another person. “Emotional distress” is defined as “something markedly greater than the level of uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-day living.” V.A.M.S. § 565.002(7). In Harassment in the second degree is committed in the same fashion, but without actually causing the victim to suffer emotional distress.¹ Missouri, a harassment charge carries the potential for significant jail time, stiff fines, and a period of probation.

The harassment statutes do not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.

565.090. Harassment, First Degree:

1. A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.

2. The offense of harassment in the first degree is a class E felony (a term of years not to exceed four years).

565.091. Harassment, Second Degree:

1. A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person.

2. The offense of harassment in the second degree is a class A misdemeanor, (a term not to exceed one year), or in some circumstances it is a class E felony (a term of years not to exceed four years).