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equivalent of the defendants recruiting others to harass the
victims and the victims alone.
The causation link is satisfied.
The defendants cannot launder their harassment of the Lyons
family through the Internet to escape liability.
b.
"Seriously alarms" prong.
Section 43A (a) also
requires the Commonwealth to prove that the acts of alleged
harassment "seriously alarm[ed]" the victims.
The serious alarm
required under § 43A (a) is a "demanding, subjective element of
harm" that must be satisfied by a victim's testimony rather than
conjecture.
(2007).
Commonwealth v. Braica, 68 Mass. App. Ct. 244, 247
The defendants argue that (1) the Commonwealth offered
insufficient proof that the victims were seriously alarmed, and
(2) the victims did not experience serious alarm separately for
each act, as required, rather than cumulatively as the result of
the pattern of harassing acts.
We disagree with both
contentions.
First, the Lyonses' subjective feelings of fear and anxiety
were actual (not hypothetical), significant, and well documented
at trial.
As a general matter, Jim and Bernadette testified
that they felt "bombarded," "attacked," and "very frightened"
throughout the ordeal.
Jim described the thirty-five-day
"odyssey" in which the defendants would "torture [them],"
stating that he was concerned about the safety of his family and
himself:
"The[y] attacked my business.
They attacked my
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