Commonwealth v. Kwiatkowski

The defendant challenges a portion of the Commonwealth’s new stalking statute, G. L. c. 265, § 43, inserted by St. 1992, c. 31, as facially vague and hence unconstitutional. We agree that the stalking statute is unconstitutionally vague in the respect asserted. Hence, it may not be enforced against the defendant, and his conviction of the crime of stalking must be reversed. It is within the proper authority of this court to construe G. L. c. 265, § 43, prospectively to eliminate the identified uncertainty in its draftsmanship (see Commonwealth v. Sefranka, 382 Mass. 108, 111 [1980]), and we…