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 Vermont, criminal harassment is addressed under Vermont Statutes Title 13, Chapter 33, specifically in 13 V.S.A. § 1027. This statute makes it unlawful for a person to engage in conduct with the intent to harass another person. This includes actions such as making obscene or threatening communications, causing repeated phone calls, communicating false reports of injury or death, and sending repeated electronic communications intended to harass. Vermont law also recognizes stalking under 13 V.S.A. § 1061, which involves engaging in a course of conduct that would cause a reasonable person to fear for their safety or the safety of others or to suffer emotional distress. Cyberbullying may fall under these statutes if it involves harassment or stalking behaviors. Additionally, hate crimes are addressed separately under Vermont law, where harassment or physical harm targeted at a person because of their race, color, religion, national origin, sex, ancestry, age, service in the armed forces, disability, or sexual orientation can lead to enhanced penalties. It's important to distinguish criminal harassment from workplace harassment, which may lead to civil liability rather than criminal charges, unless the behavior also meets the criteria for criminal harassment.