State v. Miller, 496 P.3d 282

Miller and K.B. were former coworkers and friends; Miller helped K.B. get a job at the company where he worked as financial controller.
Their relationship soured after Miller confronted the company owner about alleged criminal history; Miller was fired and K.B. cut off contact.
Miller repeatedly contacted K.B. after she asked him to stop; she obtained a civil stalking injunction against him.
During separate settlement negotiations with the company, Miller emailed the company’s attorney between August 11–25, 2014, disparaging K.B., proposing settlement terms benefitting K.B., and accusing her of wrongdoing.
The company’s attorney shared Miller’s emails with company counsel/owner (not initially with K.B.); redacted copies later reached police; K.B. testified the emails caused anxiety and fear for her job.
Miller was charged on three stalking counts; the jury convicted on the count based on the emails to the company attorney. The district court granted Miller’s motion to arrest judgment for that conviction; the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether arresting judgment was proper for stalking conviction based on emails sent to employer’s attorney	State: conviction valid without proof Miller knew emails would reach K.B.; statute criminalizes communicating about a person to employer/third parties and focuses on whether conduct would cause a reasonable person emotional distress	Miller: State had to prove he knew or should have known his emails would be relayed to K.B.; absent that knowledge, evidence insufficient to prove element that course of conduct would cause emotional distress	Reversed. Jury verdict reinstated. Knowledge that emails would reach K.B. is not required; jury reasonably could find Miller knew or should have known his conduct would cause a reasonable person in K.B.’s circumstances emotional distress.

State v. Black, 344 P.3d 644 (Utah Ct. App. 2015) (standard for reviewing district court’s application of rule 23 and for viewing evidence in light most favorable to verdict)
State v. Workman, 852 P.2d 981 (Utah 1993) (articulating test for arresting a jury verdict when evidence is insufficient)
Baird v. Baird, 322 P.3d 728 (Utah 2014) (discussing origins of Utah’s stalking statute and reliance on the Model Stalking Code)
State v. Askham, 86 P.3d 1224 (Wash. Ct. App. 2004) (recognizing that conduct aimed at destroying a victim’s professional life can cause substantial emotional distress)