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 Nebraska, criminal harassment is addressed under various statutes that prohibit actions intended to harass, annoy, alarm, abuse, torment, or embarrass a person. Specifically, Nebraska Revised Statute 28-311.02 defines the offense of stalking, which can include following, harassing, or threatening another person repeatedly in a way that causes them to fear for their safety or the safety of others. Additionally, Nebraska has laws against cyberbullying, which can encompass sending repeated electronic communications with the intent to intimidate, harass, or frighten someone. This is covered under Nebraska Revised Statute 28-311.07, which prohibits the use of electronic communication devices to terrify, intimidate, threaten, harass, or annoy someone with no legitimate purpose. Furthermore, Nebraska's hate crime statutes, found in Nebraska Revised Statute 28-1119, enhance penalties for offenses committed because of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability. These laws collectively address various forms of harassment and are designed to protect individuals from unwarranted and harmful communications or threats. It is important to note that while workplace harassment can lead to civil liability, it may also constitute criminal harassment if it meets the legal criteria under these statutes.