Felony Harassment and Stalking in Missouri

Harassment and stalking charges in Missouri often grow out of breakups, family disputes, and online conflict. They can be felonies: first degree harassment is a class E felony whenever the conduct actually causes emotional distress, and first degree stalking is a felony when it involves threats, a protection order, a minor, or certain other factors.

This guide covers the felony forms of harassment and stalking under RSMo 565.090 and 565.225 as currently in effect, how they differ from the misdemeanor versions, and how these cases are defended. These statutes are scheduled to be rewritten effective July 1, 2027.

Stalking requires purposely, through a course of conduct, disturbing or following another person with the intent to disturb them. “Disturbs” means conduct with no legitimate purpose that would cause a reasonable person to be frightened, intimidated, or emotionally distressed. Without more, that is second degree stalking, a class A misdemeanor.

It becomes first degree stalking, a class E felony, under RSMo 565.225 when:

• The person makes a threat intended to cause the target to reasonably fear for their safety, their family’s safety, or the safety of their animals;
• At least one act violates an order of protection the person had notice of;
• At least one act violates a condition of probation, parole, pretrial release, or bond;
• The other person is 17 or younger and the accused is 21 or older;
• The accused has previously been found guilty of domestic assault, violating a protection order, or another crime against the same person; or
• The other person is in Missouri’s address confidentiality program and the accused tries to access their address.

First degree stalking becomes a class D felony for a repeat stalking offense or when the victim is targeted as a law enforcement officer or an officer’s relative.

• Purpose. Both offenses require a purpose to cause distress or to disturb. Communications about children, property, money, or a shared business may have a legitimate purpose.
• The whole conversation. Screenshots often show only one side. Complete message histories can change the picture.
• Course of conduct. Stalking requires a pattern, not a single incident.
• Identity. Online accounts, spoofed numbers, and shared devices raise real questions about who sent a message.
• The First Amendment. Protected speech cannot be criminalized, even when it is unpleasant.
• The felony factor. Whether the protection order was properly served, whether a threat was a true threat, and whether a prior qualifies decide whether the case is a felony.