Posting Nude Photos of Ex-Girlfriend is not Harassment says MN Court of Appeals

The Minnesota Court of Appeals recently considered whether posting nude and partially nude photos of an ex-girlfriend at her place of work is harassment in State of Minnesota vs. James Charles Pegelow, Jr.

Pegelow was charged with gross-misdemeanor harassment in violation of Minn. Stat. § 609.749, subd. 2(a)(1) after he allegedly posted nude and partially nude photographs of his former girlfriend in the men's room at her place of employment. The ex-girlfriend was notified by a co-worker of the photos. While they were dating, Pegelow's ex-girlfriend had taken the photos herself and had given them to him. She called the police and told them she suspected it was Pegelow because he was the only one she had given the photos to. The police obtained a copy of the security video and Pegelow was seen entering the men's room at his ex-girlfriend's workplace earlier that same day.

A jury found Pegelow guilty of the harassment charge. Pegelow appealed the jury's guilty verdict on the basis of insufficient evidence arguing there was no evidence that what he did was an illegal act.

The relevant statute, § 609.749, subd. 2(a)(1), states that harassment occurs if the actor "directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act[.]" Though, Pegelow's action may have met the statute's definition of harassment, since there was no independent, unlawful act, the Court of Appeals overturned the jury conviction due to insufficient evidence.

A harassment or stalking charge is serious enough in itself, but a conviction can haunt you forever in attempting to secure employment, housing, and even dating. If you or a loved one are being investigated or have been charged with a harassment or stalking crime, call Grostyan & Associates to speak with an experienced Minneapolis criminal defense attorney today.