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 Rhode Island, criminal harassment is addressed under Rhode Island General Laws Section 11-52-4.2, which defines cyberstalking and cyberharassment. This law makes it a criminal offense to transmit any communication by computer or other electronic device to any person with the intent to harass, annoy, or alarm another person. This includes making obscene, threatening, or harassing phone calls, texts, or electronic messages. The law also covers actions such as causing a person's phone to ring repeatedly with the intent to harass, making anonymous communications, and knowingly allowing one's phone or device to be used for such purposes. The penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the conduct and whether it involves stalking or is a repeat offense. Additionally, Rhode Island's hate crimes statute, Section 11-52-4.1, enhances penalties for offenses committed against individuals based on their race, religion, ancestry, gender, sexual orientation, or disability, which can include harassment. 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 these statutes.