State v. Nastvogel

Summary

The Maine Supreme Judicial Court affirmed Vaughn Nastvogel's convictions for two counts of stalking and one count of harassment. The court held that Maine's general repeat-offender enhancement statute could operate alongside the stalking statute to elevate the stalking charges. It also rejected Nastvogel's vagueness challenge to the harassment statute, concluding that the statutory phrase "course of conduct" could reasonably be understood to include repeated behavior.

Holdings

1. The specific enhancement provision in the stalking statute and the general repeat-offender enhancement provision can operate in concert; the general statute therefore properly permitted elevation of the stalking charges based on qualifying prior criminal convictions, including assault.
2. The harassment statute is not unconstitutionally vague because "course of conduct" can reasonably be understood to include repeated behavior; Nastvogel's two post-order attempts to contact the complainant were sufficient to constitute a course of conduct.

Questions Presented

1. Whether the stalking statute's specific enhancement provision precluded application of the general repeat-offender enhancement statute to elevate the stalking charges based on a prior assault conviction.
2. Whether the harassment statute was unconstitutionally void for vagueness because it did not define the phrase "course of conduct."

Disposition

affirmed