MISSOURI: Montgomery Archives

For no particular reason, let’s discuss harassment.  I don’t mean sexual harassment, quid pro quo or hostile work environment, since there’s probably not enough room on this page to give that a go; just plain ol’ harassment. 

From time to time the Police Department receives calls from citizens who complain they are being harassed by someone or a group of someones, when in fact they are being hassled. The meanings of the words harass and hassle are intertwined (a hassle can be a heated  argument or a troublesome situation), but different in the eyes of the law.

There is a crime of harassment; however there is no crime of hassling. To be fair
there may be a violation involved in hassling a person, but the crime will occur because
of or during the hassle, not the hassle itself. Missouri law (which is more encompassing than our ordinance) and City of Montgomery Ordinance address the crime of harassment.

The crime of harassment occurs when a person communicates in writing or by telephone a threat to commit a felony; makes a telephone call or communicates in writing and uses coarse language offensive to a person of average sensibility (whoever or whatever that is); makes an anonymous telephone call; or makes repeated telephone calls (for no other purpose than for the caller to hassle the person called). In both Missouri law and City Ordinance there has to be communication in some form to support an accusation of harassment.

Face to face hassles do not constitute harassment. In the City of Montgomery face to face hassles may constitute disorderly conduct if certain things happen. In such instances the crime of disorderly conduct may be committed if the hassler addresses abusive language or threats toward any person when such words have a tendency to provoke acts of violence; uses abusive or obscene language; causes, provokes, or engages in any fight, brawl, or riotous conduct where the life, limb, health, or property of another is endangered; or disturbs the public peace.

Of course, there are always two sides to everything and both parties in a hassle, which
escalates to the level of disorderly conduct, must be investigated and the case must be strong enough to stand in court. Harassment can morph into or be a part of Stalking.  Stalking; however, is another can of worms. Missouri law defines 2 kinds of stalking; plain old stalking and aggravated stalking. Stalking must be purposeful and intentional.  Purposely is the highest mental state to commit a crime and means it was the stalker’s desire to do whatever was done.

Stalking is hard to prove because you almost have to be inside someone’s head or be able to prove through a course of action or conduct (usually 2 or more acts over a period of time) a person’s intent to stalk. We, the police, and a victim may be practically certain person X is doing something nefarious to the victim; however, the acts must be proven.

Stalking can be a misdemeanor or felony crime. Aggravated Stalking is a felony crime. 
The difference between misdemeanors and felonies is the punishments which can be assessed for either.

Activity for the period January 9 through 15 included:
complaints of trespass,

tampering with a motor vehicle,

and theft. 

A person was arrested under authority of a pair of warrants
and a summons was issued for Trespass.
 
7 tickets and 4 warnings were issued for
traffic-related offenses.