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 Kentucky, criminal harassment is addressed under Kentucky Revised Statutes (KRS) Chapter 525. Harassment in Kentucky is a Class B misdemeanor and occurs when a person, with intent to intimidate, harass, annoy, or alarm another person, engages in conduct including, but not limited to, making physical contact, following the person in public places, or engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy the victim and serve no legitimate purpose. Additionally, Kentucky law (KRS 525.080) specifically addresses harassing communications, which is also a Class B misdemeanor. This includes making anonymous or repeated communications with intent to intimidate, harass, annoy, or alarm, as well as making communications in a manner likely to cause those reactions. The law covers various forms of communication, such as telephone calls, electronic communication, and other means. If the harassment is based on race, color, religion, sexual orientation, or national origin, it may also be considered a hate crime, which can enhance the penalties. 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. An attorney can provide specific guidance on the nuances of these laws and how they may apply in a given situation.