Harassment, first degree, penalty.

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Effective - 01 Jan 2017, 2 histories

565.090. Harassment, first degree, penalty. — 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.

3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.

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(L. 1977 S.B. 60, A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491)

Effective 1-01-17

(1981) Statute defining offense of harassment was not unconstitutionally vague, and was not overbroad and did not deny due process. State v. Koetting (Mo.), 616 S.W.2d 822.

1985) Held not unconstitutionally overbroad. The caller's intent to disturb or frighten need not be the sole intent or purpose of the call. State v. Koetting (A.), 691 S.W.2d 328.

(1987) Four harassing phone calls made directly to an individual's telephone answering machine falls within the purview of this section. State v. Placke, 733 S.W.2d 847 (Mo.App.).


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