Question for Resident Lawyer Mike P

[Mike P]

Harassment in Massachusetts requires a pattern of conduct, not just a single occurrence.

It's also a misdemeanor, and the police may not be willing to make an arrest for it unless it's committed in their presence--your remedy then would be to go to the District Court having venue over the location and file an Application for Complaint.

It's also a specific intent crime, and a landowner who mistakenly believes that he's exercising his legal rights by telling you to scram is not acting with that criminal intent.

I'm not admitted to practice in RI and have no idea of what the law is there.

Same deal with violation of those hunter/fisherman harassment provisions of Chapter 131--those violations are misdemeanors and even an EPO may not want to make an arrest unless he or she actually witnesses the violation.

If the rocks land close enough to you, you might be able to persuade a cop that it was an Assault with a Dangerous Weapon, which is a felony---or you might not.

Often it comes down to who they think is going to be the bigger pain in the ass. All I can suggest is that you respectfully assert your right to be there---carry a copy of what either the AG or the Sec'y of State (not sure which) has posted on their website regarding shoreline access, and show that to the officer. I have seen it work both ways. I've seen local cops side with the fisherman and tell the landowner to stop complaining about it, and I've seen them take the fisherman aside and do the old, "do me a favor" deal. Such as, "this guy will write letters to the chief all winter, and you guys are only here for a couple of months--just do me a favor and go fish somewhere else tonight, OK?"