What Is Considered Harassment by Law in Maine?

What Legally Counts as Harassment?

Harassment under the law is repeated unwanted conduct directed at a specific person. The intent must be to alarm, annoy, or threaten that person. Harassment can include phone calls, text messages, physical following, or written threats. It must serve no legitimate purpose. The exact definition varies by state, but most jurisdictions treat harassment as criminal behavior when the conduct forms a pattern and causes genuine distress.

Maine defines harassment as a form of criminal conduct. Under this statute, a person commits harassment by engaging in a course of conduct with the intent to harass, torment, or threaten another person, without reasonable cause, after being notified not to engage in that conduct. The notice can come from a police officer, and it expires after one year. It can also come from a court in a protective order. Conduct that happens before the required notice is not criminal harassment under this statute. The law requires that the behavior be intentional. Accidental or incidental contact – even if unwelcome – does not meet the legal threshold.

Criminal harassment differs from civil harassment. Civil harassment typically involves seeking a protective order through family or civil court. Criminal harassment means the state files charges. A conviction can result in jail time, fines, and a permanent criminal record. Maine prosecutors take these cases seriously, especially when protective orders are already in place.

Harassment charges often come up during custody fights or bitter breakups, when emotions run high. Messages can be misread in these situations. If you face an accusation, you need to know what is considered harassment by law – and what falls short of it.

Types of Harassment Under Maine Law

Harassment charges in Maine can come from one type of behavior or from a pattern of many kinds of unwanted contact. The state treats harassment as a Class E crime in most cases. It becomes a Class C crime when the person has 2 or more prior harassment convictions within the past 10 years involving the same victim or a member of that victim's immediate family. A charge under the harassment statute requires that the person was first notified not to engage in the conduct. Below are the most common categories.

Verbal and Written Threats

Direct threats of violence or intimidation can constitute harassment under Maine law. These threats may be spoken in person, delivered over the phone, or written in letters. Threatening communications made with the intent to harass, torment, or threaten satisfy the statutory elements when they come after a notice, from police or in a protective order, not to engage in that conduct.

Examples include repeated threatening voicemails, handwritten notes left at someone’s home, or verbal confrontations designed to intimidate. Intent is the key factor. A single angry remark during an argument may not qualify. A pattern of threatening statements that continues after such a notice likely will.

Courts look at the content, context, and frequency of the communication. A message that a reasonable person would perceive as a genuine threat carries more weight than vague expressions of frustration.

Harassment by Text Message and Electronic Communication

Maine’s harassment statute covers electronic communications, including text messages, emails, social media messages, and app-based messaging. This effectively acts as a harassment texting law.

Sending repeated unwanted texts with the intent to harass, torment, or threaten another person qualifies as criminal harassment when you were first notified, by police or in a protective order, not to do so. Repeated calls or electronic messages made with the intent to harass can also be charged under a separate Maine law on harassment by telephone or electronic communication device. That law does not require a prior notice. Courts evaluate the volume, content, and context of the messages when deciding whether the conduct crosses the legal line.

Examples include sending dozens of texts after a police officer or a court order has told you to stop, sending threatening or obscene messages, or using multiple phone numbers or social media accounts to get around blocks. A single unwanted text message generally does not meet the threshold. Courts look for a clear pattern or particularly threatening content.

One client faced charges for sending repeated text messages to an ex-partner. The messages addressed coordinating child pickups. We showed the court that the communication served a legitimate co-parenting purpose. The charges were dismissed. Cases like this show how much context matters in harassment cases.

Stalking and Following

Harassment and stalking overlap under Maine law, but they are separate offenses. Stalking involves a course of conduct that would cause a reasonable person to feel serious fear or distress. Repeated following, surveilling, or showing up uninvited at someone’s home or workplace can support both harassment and stalking charges.

Stalking is a more serious offense. It is classified as a Class D crime. It becomes a Class C crime when the person has one or more prior convictions for stalking or for violating a protective order, or when the conduct is directed at two or more members of an identifiable group. It becomes a Class B crime for a repeat offender whose earlier conviction was for stalking members of an identifiable group. Behaviors such as GPS tracking, monitoring someone’s daily movements, and appearing repeatedly at locations the victim frequents all fall under this category.

The distinction between harassment and stalking often comes down to the level of fear created. Harassment focuses on intent to harass, torment, or threaten after a notice to stop. Stalking requires conduct that would make a reasonable person fear for their safety, their property or a pet, or suffer serious inconvenience or emotional distress.

Statutory Harassment vs. Stalking vs. Terrorizing

Maine law recognizes three related but distinct crimes that people often confuse. Looking at statutory harassment next to stalking and terrorizing makes clear what each charge means.

Harassment requires a course of conduct with intent to harass, torment, or threaten, carried out after the person was notified not to engage in it. Examples include repeated phone calls, threatening communications, or following someone. It is typically a Class E crime.

Stalking requires a “course of conduct” – two or more acts – that would cause a reasonable person to fear bodily injury or death, to fear damage to property or injury to a pet, or to suffer serious inconvenience or emotional distress. It does not require direct threats. The pattern of behavior itself must be alarming enough to meet the standard. It is a Class D crime, elevated to Class C in certain circumstances.

Terrorizing involves communicating a threat to commit a crime of violence dangerous to human life against another person. Unlike harassment, terrorizing can stem from a single communication if the threat is specific and serious enough. It is a Class D crime. It is a Class C crime when the threat is one that would cause a building, a place of assembly or a public transport facility to be evacuated, or cause the occupants of a building to be moved to or kept in a secured area.

Prosecutors choose which charge to bring based on the facts of each case. The same conduct can sometimes support multiple charges. A series of threatening text messages could lead to both harassment and terrorizing charges if individual messages contain specific violent threats.

Penalties for Harassment Charges in Maine

Basic harassment is a Class E crime. A conviction carries up to 6 months in jail and a fine of up to $1,000. This may sound minor next to felony charges. But the effects reach well beyond the courtroom.

Prior convictions can elevate the charge. Harassment by a person with 2 or more prior harassment convictions within the past 10 years involving the same victim or the victim’s immediate family is a Class C crime. That carries up to 5 years in prison and a $5,000 fine. Violating a protective order you have notice of is generally a separate Class D crime. That carries up to 364 days in jail and a $2,000 fine.

Added effects are often the most damaging part of a harassment conviction:

• Protective and no-contact orders that restrict where you can go and who you can contact
• Custody impact – family courts consider criminal records when making custody and visitation decisions
• Firearm restrictions – certain convictions can trigger state or federal firearm prohibitions
• Permanent criminal record that appears on background checks for employment, housing, and professional licensing

Even a Class E misdemeanor conviction stays on your record. Employers, landlords, and licensing boards can see it. For many clients, the long-term effects of a conviction matter far more than the sentence itself.

Common Defenses Against Harassment Charges

Harassment charges can be fought. The right defense strategies depend on the facts. Several approaches come up often in Maine district courts.

Lack of intent. The prosecution must prove the accused intended to harass, torment, or threaten. If the contact served a legitimate purpose – such as co-parenting communication, business correspondence, or debt collection – the intent element may not be met.

First Amendment protections. Speech that is offensive, rude, or unpleasant may still be constitutionally protected. Courts must distinguish between genuine threats and protected expression. Political speech, criticism, and even heated arguments can fall outside the harassment statute.

False accusations. Harassment charges often come up during bitter divorces, custody battles, and neighbor disputes. The alleged victim may exaggerate or fabricate claims to gain an advantage in court. A careful investigation often reveals a different story than the police report.

Insufficient pattern. Many harassment charges require a course of conduct – a pattern of repeated behavior. If the evidence shows only one or two isolated incidents, the conduct may not meet the statutory threshold.

Mutual communication. When both sides keep up a back-and-forth, it weakens the claim that the contact was unwanted. Text message records and call logs often show a two-way exchange rather than one-sided harassment.

Many harassment charges come from misunderstandings in tense, emotional moments. A skilled defense attorney can show the full context that police reports and charging papers often leave out. If you’re facing charges related to castle doctrine or other self-defense claims, or questions about conduct that occurred in public spaces regarding open bottle law, these contextual defenses become even more important.

Talk to a Maine Harassment Defense Lawyer

Harassment charges – even misdemeanors – can follow you for years. A conviction creates a criminal record, may trigger protective orders, and could affect your employment, housing, and custody arrangements.

Webb Law Firm defends clients facing harassment allegations in Maine district and superior courts. We understand that many people accused of harassment are going through difficult personal situations – breakups, custody disputes, family conflicts – and need a lawyer who sees the full picture.

Early legal intervention matters. In some cases, we can prevent formal charges from being filed or negotiate favorable resolutions before a case goes to trial. Contact Webb Law Firm for a consultation if you are facing harassment charges or believe you are under investigation. The sooner you have a defense attorney involved, the more options you have.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Consult an attorney about your specific situation.

Frequently Asked Questions About Harassment Laws

Can you be charged with harassment for sending text messages in Maine?

Law enforcement can charge you with harassment for sending text messages in Maine. The statute covers electronic communications including text messages. Under that statute, sending repeated unwanted texts with the intent to harass, torment, or threaten someone can result in a harassment charge if you were first notified, by police or in a protective order, not to do so. A separate Maine law on harassment by telephone or electronic communication device can apply to repeated messages sent with the intent to harass even without a prior notice. Courts look at the number of messages, their content, and whether you had been notified to stop. A single text is unlikely to result in charges, but a pattern of unwanted messages could.

What is the difference between harassment and stalking in Maine?

Harassment and stalking are separate crimes with different legal elements. Harassment focuses on specific conduct – threatening calls, unwanted contact, or following – done with intent to harass, torment, or threaten after a notice to stop. Stalking requires a course of conduct that would cause a reasonable person to fear for their safety, their property or a pet, or to suffer serious inconvenience or emotional distress. Stalking is generally a more serious charge and carries harsher penalties.

Is verbal harassment a crime in Maine?

Verbal threats and intimidation can constitute criminal harassment in Maine if they are made with the intent to harass, torment, or threaten after you have been notified, by police or in a protective order, not to engage in that conduct. However, not all offensive or hurtful speech qualifies. Courts must balance harassment laws against First Amendment protections. The speech typically must involve direct threats or rise to a pattern of conduct that serves no legitimate purpose.

Can harassment charges be dropped in Maine?

Harassment charges can be dropped, but the decision rests with the prosecutor – not the alleged victim. Even if the accuser wants to withdraw the complaint, the state may proceed with the case. A defense attorney can present evidence and arguments that may persuade the prosecutor to dismiss or reduce the charges. Common grounds include lack of evidence, false accusations, or proof that the conduct served a legitimate purpose.

What happens if you violate a harassment protective order?

Violating a protective order in Maine is a serious offense. It can result in immediate arrest and additional criminal charges. Harassment committed after a protective order told you to stop is a Class E crime. Violating the order is generally also a separate Class D crime, with a maximum penalty of 364 days in jail and a $2,000 fine. Courts take protective order violations very seriously, and judges rarely show leniency for repeat violations.