It is a criminal offense to communicate with or threaten a person with the intent to harass, annoy, alarm, abuse, torment, or embarrass the person. Criminal harassment may take many forms, and may be classified as the criminal offense of stalking, cyberbullying, or hate crimes—depending on the applicable state or federal law.
Laws vary from state to state, but a person generally commits a crime if, with the intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
• initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
• threatens to inflict bodily injury or to commit a felony against the person, a member of the person’s family or household, or the person’s property in a manner reasonably likely to alarm the person;
• communicates a false report (that the communicator knows is false) that another person has suffered death or serious bodily injury, and does so in a manner reasonably likely to alarm the person receiving the report;
• causes the telephone number of another person to ring repeatedly, or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
• makes a telephone call and intentionally fails to hang up or disengage the connection;
• knowingly permits a telephone under the person’s control to be used by another to harass someone;
• sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another person.
The offense of criminal harassment is different from sexual or other harassment that may occur in the workplace, for example, and that is prohibited by state and federal law. Harassment in the workplace generally incurs potential civil liability (money damages in a lawsuit) but not criminal charges—unless the conduct is sufficiently egregious to constitute criminal harassment.
In Alaska, criminal harassment is addressed under Alaska Statutes Section 11.61.120, which defines harassment in the first and second degree. A person commits the crime of harassment in the first degree if they engage in conduct with the intent to harass another person that includes making obscene comments, threats of bodily injury or felony, communicating false reports of death or serious injury, causing repeated phone calls, or sending repeated electronic communications, among other actions. Harassment in the second degree includes similar actions but may involve different circumstances or lesser degrees of conduct. These offenses can range from a class B misdemeanor to a class A misdemeanor, depending on the degree and the specific actions involved. It's important to note that while workplace harassment can lead to civil liability, it may also constitute criminal harassment if it meets the statutory criteria. Additionally, Alaska's laws against stalking (AS 11.41.270), cyberbullying, and hate crimes may also apply, depending on the context and nature of the actions.