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 New Jersey, criminal harassment is addressed under N.J.S.A. 2C:33-4. The statute makes it unlawful to communicate with someone, or to cause a communication to be initiated with another person, with the intent to harass. This includes making or causing to be made a communication in a manner likely to cause annoyance or alarm, or in an offensively coarse language, or any other manner likely to cause annoyance or alarm. Additionally, engaging in alarming conduct or repeatedly committing acts with the purpose of alarming or seriously annoying another person is also considered harassment. This can include behaviors such as repeatedly calling someone's phone with the intent to annoy, or communicating anonymously or at extremely inconvenient hours. New Jersey law also recognizes cyber-harassment, which involves the use of online platforms or electronic communications to harass an individual, and this is covered under N.J.S.A. 2C:33-4.1. The penalties for harassment can range from a petty disorderly persons offense to a more serious charge depending on the circumstances, such as if the harassment is part of a course of alarming conduct or if the perpetrator is on parole or probation for an indictable offense. It's 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 New Jersey law.