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Commonwealth v. Matsos, 657 N.E.2d 467 (1995)
A person commits the crime of stalking when he or she willfully, maliciously, and repeatedly follows or harasses another person and threatens the person with the intent to cause imminent fear of death or bodily injury. In Commonwealth versus Matsos, the Massachusetts Supreme Judicial Court was tasked with pinning down the crime’s precise mens rea requirement.
Over the course of 10 months, George Matsos sent his victim, a female police officer, more than 40 letters. In these letters, Matsos used vulgar language, detailed his sexual fantasies about the victim, and threatened the victim’s safety. Matsos also followed the victim to work and other places and falsely reported to the victim’s employer that she used drugs with him, leading to an internal investigation in which she was ultimately exonerated. As a result of Matsos’s actions, the victim had to change residences and phone numbers.
A jury convicted Matsos of stalking. Matsos moved for a required finding of not guilty, arguing that the prosecution failed to prove that he intended to place the victim in fear of death or serious bodily injury. The trial court denied the motion, and Matsos appealed. The Massachusetts Supreme Judicial Court transferred the case from the appeals court.
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