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 Louisiana (LA), criminal harassment is addressed under various statutes that criminalize behavior intended to harass, annoy, alarm, abuse, torment, or embarrass a person. This includes making obscene suggestions during communication, threatening bodily harm or felony against someone or their property, communicating false reports of death or injury, causing repeated phone calls, failing to hang up a phone call with the intent to annoy, allowing one's phone to be used for harassment, and sending repeated electronic communications with the intent to harass. These actions may be prosecuted under Louisiana's stalking laws, cyberbullying laws, or as hate crimes, depending on the context and severity of the actions. Stalking, for instance, is covered under Louisiana Revised Statutes Title 14:40.2, which makes it illegal to follow or harass someone to the extent that it causes them emotional distress or fear for their safety. Cyberbullying is addressed in Louisiana Revised Statutes Title 14:40.7, which prohibits the transmission of electronic textual, visual, written, or oral communication with the intent to harass and cause harm. Hate crimes are covered under Louisiana Revised Statutes Title 14:107.2, which enhances penalties for offenses committed because of the victim's race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry. It's important to note that workplace harassment, while potentially leading to civil liability, may also constitute criminal harassment if it meets the legal criteria for criminal conduct.