State v. Dunbar
343 A.3d 142
N.H.2025Background
- James Dunbar was on probation and under a suspended sentence for previous convictions, subject to a stalking protection order prohibiting contact with a victim.
- Dunbar posted messages on his public Facebook page referring to the victim and her deceased husband, including threats and notifications directed at their identities and address.
- Other Facebook users notified the victim about the posts, leading her to view them.
- Dunbar was criminally charged for violating the protection order and for stalking, but acquitted at trial.
- The same conduct formed the basis for a probation and suspended sentence violation proceeding.
- The trial court found the Facebook posts constituted indirect contact in violation of the protection order, and that the posts were true threats, not protected by the First Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Violation of Protection Order | Dunbar's posts amounted to 'contact' | Posts were not contact with the victim | Public Facebook posts to victim were indirect contact |
| Definition and Application of 'Contact' | Includes indirect electronic contact | 'Contact' requires more direct targeting | Indirect communications via Facebook can violate order |
| Constitutionality (Protected Speech) | Posts were true threats, not protected | Posts were constitutionally protected speech | Posts were true threats, unprotected by the First Amendment |
| Standard for Imposing Suspended Sentence/Probation | Preponderance of evidence of violation | Acquittal on criminal charges negates violation | Separate standard; acquittal does not bar probation violation |
Key Cases Cited
- State v. Kay, 162 N.H. 237 (Burden of proof for probation revocation is preponderance of the evidence)
- State v. Luikart, 174 N.H. 210 (Imposing suspended sentence is distinct from criminal liability)
- State v. Craig, 167 N.H. 361 (Facebook posts can constitute indirect contact under protection orders)
- Fisher v. Minichiello, 155 N.H. 188 (Interpretation of relief under stalking statute applies from domestic violence statute)
- State v. Hanes, 171 N.H. 173 (Threatening language relevant to intent in true threat analysis)