State v. McCarthy
Supreme Court of Montana
980 P.2d 629 (1999)
Roman McCarthy (defendant) and Karen had a 15-year on-and-off relationship that ended with Karen obtaining a permanent protective order barring McCarthy from contacting her personally or through a third party; McCarthy obtained a similar order against Karen. Despite the orders, McCarthy called and wrote Karen and was convicted of stalking once already. While incarcerated, McCarthy mailed a letter addressed to both Karen and a victim-witness coordinator, who read it, informed a detective, and then told Karen its contents. The following week McCarthy mailed a letter directly to Karen, which she did not open but reported to police. The State (plaintiff) charged McCarthy with a second stalking offense; he moved for dismissal, arguing that two unread letters could not support a stalking conviction.
Whether a person is guilty of stalking for repeatedly communicating intimidating or harassing content to an intended victim through a third party he knows will relay it, in violation of a protective order.