SCM NEWS & OPINIONS

State v. Miller, 2019 UT App 46 (March 28, 2019)

The Court of Appeals reversed the district court’s order arresting the defendant’s conviction for stalking, holding that the State need not prove the defendant knew or should have known that his emails about the victim would be shared with her in order to establish the elements of a stalking charge.  The defendant had sent several emails to the attorney for his former employer about the victim, a former coworker.  As long as the State proved beyond a reasonable doubt that at the time the defendant sent the emails, he knew or should have known that a reasonable person in the victim’s circumstances would suffer significant mental or psychological suffering, the knowledge element of stalking is established.