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Missouri’s New Harassment Law and Class E Felony

Here is another example of a criminal charge often accompanying a divorce or other family law case: Harassment. (Comparing Sections 565.090.1 to 565.091.1).

The previous statute was lengthy, and specific. You had to threaten to commit a felony, use such extreme language as to put another person in fear of physical harm, recklessly frighten a minor. Do it once and it was a Class A Misdemeanor. Do it again and it could be a Class D Felony.

Under the new law which began January 1, 2017, the language is vague: “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.” § 565.091.1 RSMo. That is 2nd Degree Harassment and a Class A Misdemeanor. The legislature transformed into an “intent” or inchoate crime. No need to prove damages. Difficult to disprove “intent” if that is alleged.

The Class E Felony is just as vague and simply adds: “…, and such act does cause such person to suffer emotional distress.” § 565.090.1 RSMo. Not severe emotional distress. Just emotional distress.

The basic truth applies, however: A PERSON WHO HAS COMMITTED A FELONY IS A FELON, and upon conviction of a felony in a court of law is known as a convicted felon or a convict. After January 1, 2017, in Missouri, a person can easily be convicted of a Class E Felony for the same conduct that once was a Class B or maybe Class A Misdemeanor. That felony will affect parental custody and visitation, will appear on your employment applications, negate your right to own and carry a firearm, potentially affect your voting rights and a myriad of other public aid or social benefits.

If you have a family law or criminal matter I will be happy to sit with you in a complimentary consultation. Within 20-30 minutes you’ll know what you can do for yourself and what you would be better off having an experienced attorney handle.

Gordon K. Rea, 314-396-7177

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I will personally handle your case because it is important that you have a strong advocate. I practice in the areas of law that affect families: divorce, custody, support, probate, civil (tort) litigation, workers' compensation, criminal, DUI and traffic, to name a few.