State v. Heffron
State v. Heffron
Opinion of the Court
[¶ 1] Despite being enjoined by a protection from abuse order from having direct or indirect contact with the person protected by that order, on his Facebook page Richard A. Heffron III published several posts-including threatening ones-directed at the protected person. Heffron was charged with violating the protection order (Class D), 19-A M.R.S. § 4011(1) (2017), and, after a jury-waived trial held in the Unified Criminal Docket (Sagadahoc County, Billings, J. ), he was convicted of the crime. Heffron appeals the conviction, asserting that his Facebook posts did not violate the protection order. We affirm the judgment.
I. BACKGROUND
[¶ 2] The State charged Heffron with violating the order for protection from abuse by having contact with the protected person-conduct that was prohibited by the order.
[¶ 3] The order for protection from abuse, of which Heffron had actual notice, *234prohibited him from having direct or indirect contact with the protected person except in circumstances that are not present here.
[¶ 4] The court found that "these are not posts that were simply expressing protected opinions about [the protected person] or providing information about [the protected person], these posts were intended to reach [the protected person] directly and by their plain language that was their intent[.] ... [T]hey are addressing [the protected person] directly ...." The court went on to find that Heffron intended for the Facebook posts to reach the protected person and that this occurred.
II. DISCUSSION
[¶ 5] As authorized by 19-A M.R.S. § 4007(1)(D) (2017), the protection order *235issued against Heffron prohibited him "from having any contact, direct or indirect," with the protected person except in specifically described circumstances that are not present here. "Violation of a protection from abuse order is committed when the defendant violates a temporary, emergency, interim or final protective order if the defendant has prior actual notice of the existence of the order." State v. Smen ,
[¶ 6] Although "contact" is not defined in the protection statutes, see 19-A M.R.S. §§ 4001 - 4014 (2017), we have explained that "[b]y prohibiting direct or indirect contact, ... an order entered pursuant to section 4007(1)(D) instructs a defendant not to meet, connect, or communicate with the protected person, either personally or through an intervening agency, instrumentality, influence, or other person." State v. Elliott ,
[¶ 7] Given the breadth of the definition of "contact" that a protection order can bar, the court did not err by finding that Heffron had direct or indirect contact with the protected person. The finding is supported first by the content of some of the posts, in which Heffron directly addressed the protected person by using the phrase, "Hey [protected person's name]" followed by personal and demeaning allegations about the protected person. The posts also referred to the protected person in the second person-in other words, as "you." Just as if Heffron were speaking directly to the protected person, he framed his posts as direct communications to that person. Therefore, the court did not err by finding that the language of the Facebook posts itself demonstrated that Heffron intended to communicate with the protected person.
[¶ 8] The court's finding of contact is also supported by the means of communication that Heffron chose. As the court found, when Heffron published the posts to his publicly accessible Facebook page, he knew that the protected person and that person's family and friends used Facebook. Indeed, the protected person learned of Heffron's Facebook posts when a relative of Heffron, who also knew the protected person, showed screenshots of *236the posts to the protected person. Therefore, Heffron used Facebook as an intervening agency or instrumentality for the purpose of making contact with the protected person. See Elliott ,
[¶ 9] In short, the court's finding that Heffron had indirect contact with the protected person was supported by the evidence, see Smen ,
[¶ 10] The court's findings also dispose of Heffron's assertion that he did not have adequate notice that his Facebook posts were a prohibited form of contact with the protected person. Through his posts, Heffron intended to have contact with that person. Therefore, as found by the court, Heffron's contact with the protected person was not inadvertent or achieved through a means that was not reasonably seen to serve as an effective means of communication. Because his posts foreseeably reached the protected person, Heffron achieved his goal, and he cannot now successfully complain that he did not know that his conduct was proscribed. Wherever the boundary may lie between conduct that falls within and without the protection order's prohibition against contact, Heffron's Facebook posts do not approach that line.
[¶ 11] Finally, Heffron may be seen to argue that his Facebook posts were protected speech. We review this First Amendment challenge de novo. See City of Bangor v. Diva's, Inc. ,
[¶ 12] Here, based on a judicial determination that Heffron had abused and posed a credible physical threat to the protected person, a protection order-which Heffron did not challenge-was issued against him and barred him from having direct or indirect contact with the protected person in nearly all circumstances, including those presented here. That order was a constitutionally sound injunction against the very conduct in which Heffron later chose to engage, resulting in this prosecution. See id. ¶¶ 20, 26. Based on the evidence presented at this criminal trial, the court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection and that a conviction based on his violation of the protection order did not place his First Amendment rights at risk.
The entry is:
Judgment affirmed.
As is evident from our description of the evidence, see infra ¶3, the record could well have supported a charge that Heffron violated the provision of the protection order prohibiting him from threatening and harassing the protected person, but because of an admitted oversight, the State did not charge him with that type of violation.
In accordance with the requirements of the Violence Against Women Act,
The evidence presented at trial included a copy of the protection order, which reveals that it was issued after a full hearing (West Bath, Field, J. ) held in June of 2016, that the order was predicated on a finding that Heffron had abused and "presents a credible threat to the physical safety of" the protected person, that the order was to remain in effect until June of 2018, and that the order prohibited Heffron from having direct or indirect contact with the protected person except in narrowly drawn circumstances that are not relevant to this case.
At trial, Heffron argued that the evidence was insufficient for the court to find that he had authored at least some of the posts at issue. The court nonetheless found that Heffron had written all of the posts attributed to him, and Heffron does not challenge that factual determination on appeal.
Facebook, an internet-based social media platform, is "becoming the dominant mode of communicating directly with others, exceeding e-mail usage in 2009." State v. Craig ,
Evidence presented at the trial indicated that the protected person saw the posts after a member of Heffron's family forwarded screenshots of them to the protected person. The investigating officer testified that once he received a report of the posts, he was able to find them easily on Heffron's public Facebook page.
Because the court found that Heffron's actions were intentional, we do not need to reach his challenge concerning the mens rea required to establish a violation of the protection order or address the question of whether a lesser culpable state of mind would suffice to prove the commission of the crime. See 17-A M.R.S. § 34(3) (2017) (explaining that if a court finds a defendant acted intentionally, then that finding is sufficient to establish that the defendant acted knowingly, recklessly, and negligently).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.