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 Maryland, criminal harassment is addressed under Maryland Criminal Law Code § 3-803, which makes it illegal to follow someone in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other person with the intent to harass, alarm, or annoy the person after receiving a reasonable warning or request to stop by or on behalf of the person. The law also covers electronic communication under § 3-805, which prohibits misuse of electronic communication or interactive computer services with the intent to harass. This includes sending obscene material, making repeated communications after being told to stop, and other forms of electronic harassment. Stalking is separately addressed under § 3-802 and is defined as a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear of serious bodily injury, assault, rape, or death. Maryland's laws also address hate crimes, which involve harassment based on race, color, religious beliefs, sexual orientation, gender, disability, or national origin, as described in § 3-805. Violations of these statutes can result in criminal charges, which are distinct from civil liabilities that may arise from workplace harassment.