Massachusetts Stalking Penalties (2026)

Stalking and criminal harassment charges charges in Massachusetts: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing stalking charges in Massachusetts, consult a licensed Massachusetts criminal defense attorney.

Massachusetts Stalking Penalties

OffensePenalty
First OffenseUp to 5 years (all stalking is felony)
Second OffenseUp to 10 years (2nd offense)

MGL c.265 §43

Stalking Statute of Limitations in Massachusetts

In Massachusetts, the statute of limitations for stalking is generally 6 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Massachusetts.

See all Massachusetts statutes of limitations →

Defending Against Stalking Charges in Massachusetts

Common defenses in Massachusetts stalking cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Massachusetts criminal defense attorney for advice.

Related Massachusetts Laws