Arrested or Charged with Harassment (RSMo § 565.090) in Missouri?

Harassment charges under RSMo § 565.090 or § 565.091 often arise from text messages, phone calls, social media activity, or in-person encounters. What may have seemed like a misunderstanding or a personal dispute can quickly turn into a criminal case with serious consequences, including a permanent record, probation, or even jail time.

If you’ve been arrested or charged with harassment in Missouri, it’s important to understand your rights and your options. These cases often hinge on intent, context, and credibility. At Rose Legal Services, we take the time to assess the full picture, challenge weak or exaggerated claims, and focus on protecting your future.

Missouri’s Harassment Laws: Two Degrees of Charges

Missouri law recognizes two separate harassment offenses with different elements and penalties.

Harassment in the First Degree (RSMo § 565.090)

Under RSMo § 565.090, “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.”

Harassment in the First Degree is a Class E felony, punishable by up to four years in prison and a fine of up to $10,000.

The key elements the prosecution must prove beyond a reasonable doubt are that the defendant:

• Engaged in an act
• Without good cause
• With the purpose to cause emotional distress to another person
• The other person suffered emotional distress
• And the defendant’s act was the cause of the emotional distress

Harassment in the Second Degree (RSMo § 565.091)

Under RSMo § 565.091, “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.”

Second Degree Harassment does not require proof that the person actually suffered emotional distress. The prosecution only needs to prove the defendant acted with the purpose to cause emotional distress.

Harassment in the Second Degree is a Class A Misdemeanor for first offenses, punishable by up to one year in jail and a fine of up to $2,000. However, if the defendant has a prior conviction for harassment or similar offenses in any jurisdiction, it can become a Class E Felony.

What Conduct Constitutes Harassment?

Missouri’s harassment statutes are intentionally broad, covering “any act” done without good cause and with the purpose to cause emotional distress. This vague language has led to harassment charges in a wide variety of situations:

Communication-Based Harassment

• Repeated phone calls, texts, or emails
• Social media messages or posts
• Voicemail messages
• Letters or notes
• Communications through third parties

Missouri courts have held that leaving harassing messages on answering machines falls within the harassment statute. In State v. Placke, 733 S.W.2d 847 (Mo. App. 1987), the court found that four harassing phone calls made directly to an answering machine constituted harassment.

In-Person Harassment

• Following someone
• Appearing at their home, workplace, or frequented locations
• Making gestures or facial expressions intended to cause distress
• Displaying signs or images
• Any physical acts designed to cause emotional distress

Online and Digital Harassment

• Posting about someone on social media
• Creating fake profiles or accounts
• Sharing private information online
• Sending threatening or disturbing images
• Cyberstalking or cyberbullying

The “Purpose” Requirement

The prosecution must prove that the defendant’s purpose was to cause emotional distress. However, Missouri courts have held that this doesn’t need to be the defendant’s sole or primary purpose. In State v. Koetting, 691 S.W.2d 328 (Mo. 1985), the court ruled that “The caller’s intent to disturb or frighten need not be the sole intent or purpose of the call.”

This means that even if the defendant had other reasons for the conduct, a jury can still convict if causing emotional distress was one of the defendant’s purposes.

Common Situations Leading to Harassment Charges

Understanding how harassment charges typically arise helps in developing effective defenses.

Relationship Conflicts and Breakups

Harassment charges frequently stem from failed romantic relationships:

• Attempting to contact an ex-partner who wants no contact
• Trying to discuss relationship issues or get closure
• Expressing anger or hurt feelings
• Monitoring their social media or activities
• Attempting to maintain contact with shared friends or family

Custody and Divorce Disputes

Harassment allegations often surface during contentious family law proceedings:

• Communications about children that the other parent views as harassing
• Disagreements about custody schedules or parenting decisions
• Financial disputes over support or property division
• Allegations used strategically to gain advantage in custody cases

Neighbor Disputes

Conflicts between neighbors can escalate to harassment charges:

• Disputes over property lines, noise, or shared spaces
• Complaints to authorities about the other person’s behavior
• Confrontations about pets, parking, or property maintenance
• Retaliatory conduct after previous disputes

Social Media and Online Disputes

The digital age has created new harassment scenarios:

• Comments or posts about another person
• Sharing information or images
• Tagging people in posts they find offensive
• Debates that become personal attacks

Critical Defenses to Harassment Charges

An experienced criminal defense attorney can raise several powerful defenses to harassment charges.

“Good Cause”

Missouri’s harassment statutes only apply to conduct done “without good cause.” If a person had a legitimate reason for his or her actions, that may be a complete defense.

Good cause may include:

• Exercising legal rights (such as custody rights)
• Legitimate business communications
• Attempting to resolve actual disputes
• Exercising First Amendment rights of speech or petition
• Responding to the other person’s conduct or communications

A criminal defense attorney can gather evidence demonstrating that a person’s conduct served a legitimate purpose unrelated to causing emotional distress.

The Purpose to Cause Emotional Distress

The prosecution must prove the defendant acted with the specific purpose of causing emotional distress. If the defendant had different purposes, he or she should not be convicted. Other purposes may include that the defendant:

• Was trying to communicate about legitimate matters
• Was exercising his or her rights
• Was responding to provocation
• Was expressing opinions or criticism
• Had no intention of causing distress

The Alleged Victim Did Not Actually Suffer Emotional Distress (First Degree Only)

For Harassment in the First Degree, the prosecution must prove the person actually suffered emotional distress. Your attorney should:

• Challenge whether genuine emotional distress occurred
• Expose exaggeration or fabrication of distress claims
• Show the person continued normal activities without disruption
• Present evidence contradicting claims of distress
• Question whether any distress was caused by other factors

The Allegations Are False or Exaggerated

Many harassment cases involve false or exaggerated allegations motivated by:

• Desire to gain an advantage in custody disputes
• Retaliation for ending a relationship
• Attempts to control or manipulate the other person
• Mental health issues affecting the accuser’s perception
• Misinterpretation of innocent conduct

An attorney can investigate the accuser’s background, identify inconsistencies in their statements, and present evidence exposing the true nature of the allegations.

Conduct Protected by the First Amendment

The harassment statute cannot be applied in ways that violate constitutional rights. Missouri courts have upheld the statute against constitutional challenges, but specific applications may still violate the First Amendment.

An experienced attorney may argue First Amendment protections when the conduct involved:

• Political speech or advocacy
• Criticism of public figures or matters of public concern
• Religious expression
• Artistic or literary expression
• Petitioning the government for a redress of grievances

The Statute Is Being Applied Unconstitutionally

While Missouri courts have generally rejected “facial challenges” to the harassment statute (a “facial challenge” is a legal argument that a statute is unconstitutional in its entirety, meaning that no application of the law would be valid). But it is a common defense to the crime of harassment in Missouri that applying it in a specific case violates due process or free speech rights.

What Not to Do If You’re Accused of Harassment

If you’re under investigation or charged with harassment, avoid these critical mistakes:

Don’t contact the alleged victim. Any communication can be used against you as evidence of continued harassment, even if you’re trying to resolve the situation or defend yourself.

Don’t discuss the case on social media. Anything you post can be discovered and used as evidence. Don’t post about the accuser, the case, or related matters.

Don’t talk to police without an attorney. Law enforcement may contact you for “your side of the story.” Exercise your right to remain silent and contact an attorney immediately.

Don’t delete evidence. Deleting texts, emails, or social media posts can constitute destruction of evidence and create additional legal problems. Preserve everything.

Don’t try to get others to contact the alleged victim. Having friends or family members reach out on your behalf can result in additional charges of harassment through third parties.

How Rose Legal Services Defends Harassment Charges

Our approach to harassment defense is comprehensive and aggressive. We begin by thoroughly investigating the allegations and the context surrounding them.

We Investigate the Full Story

Harassment charges rarely tell the complete story. We investigate:

• The history between you and the alleged victim
• Who initiated contact and when
• Whether the alleged victim encouraged or welcomed contact
• Whether the alleged victim is using charges for tactical advantage
• The alleged victim’s credibility and potential motives to lie
• All communications between the parties
• Witness accounts of the relationship and interactions

We Challenge the Prosecution’s Evidence

We scrutinize every piece of evidence the prosecution presents:

• Challenging the admissibility of communications
• Exposing selective presentation of messages taken out of context
• Demonstrating that communications were mutual or invited
• Showing that your conduct had legitimate purposes
• Proving that claimed emotional distress is exaggerated or fabricated

We Present Your Defense

We build a compelling defense showing:

• The legitimate reasons for your conduct
• That you did not act with purpose to cause emotional distress
• That any distress was not caused by your actions
• That the allegations are false, exaggerated, or motivated by ulterior purposes
• That your conduct is protected by constitutional rights

We Negotiate When Appropriate

If the evidence against you is weak, we leverage that weakness in negotiations with prosecutors to:

• Seek dismissal of charges
• Negotiate amended charges to lesser offenses
• Arrange for diversion programs when available
• Minimize penalties and avoid jail time

We’re Prepared for Trial

If your case can’t be resolved favorably through negotiation, we’re fully prepared to take it to trial. We know how to effectively cross-examine accusers, present compelling defenses, and win acquittals.

The Consequences of a Harassment Conviction

Beyond the immediate penalties of jail time and fines, a harassment conviction carries lasting consequences:

• Criminal record: A permanent criminal record that appears on background checks
• Employment: Difficulty finding or maintaining employment, particularly in positions requiring trust or working with vulnerable populations
• Professional licenses: Potential loss of professional licenses or certifications
• Housing: Landlords may refuse to rent to individuals with criminal records
• Relationships: Strain on personal and family relationships
• Custody: Potential impact on child custody and visitation rights
• Future charges: A conviction makes any future harassment charge a felony

Why Choose Rose Legal Services

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We’re passionate about helping good people get a second chance. We’ve been helping people just like you for years, and we have helped many people who have been charged, arrested, or investigated for a crime.

We handle cases throughout the St. Louis area, so we’re very familiar with the prosecutors and judges. We know how to effectively defend harassment charges and achieve favorable results for our clients.

We pride ourselves on excellent client service and communication. Our Client Care Specialists are available to answer your questions and keep you informed throughout your case.

Contact Rose Legal Services Today

If you’ve been charged with harassment in Missouri, contact us immediately. These charges are serious, but they can be defended successfully with the right legal representation.

We offer confidential consultations where we’ll review the allegations against you, explain your options, and discuss our defense strategy. Don’t face these charges alone.

Your defense starts with a conversation.