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 Washington State, criminal harassment is defined under RCW 9A.46.020 and is considered a gross misdemeanor or a class C felony depending on the circumstances. A person is guilty of harassment if they knowingly threaten to cause bodily injury, to cause physical damage to the property of a person, to subject the person to physical confinement or restraint, or to maliciously do any other act intended to substantially harm the person with respect to their physical or mental health or safety. The threat must be such that it would cause a reasonable person to suffer substantial emotional distress, and the person making the threat must either intend to cause the distress or know that the threat is likely to cause such distress. This includes various forms of communication such as in-person, written, electronic, or telephonic. Additionally, Washington has specific laws against cyberstalking (RCW 9.61.260) and telephone harassment (RCW 9.61.230). These laws cover actions such as making electronic communications with intent to harass or intimidate, or causing a person's phone to ring repeatedly with the intent to harass. Hate crimes, also known as malicious harassment, are covered under RCW 9A.36.080 and include actions motivated by the perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap. It's important to note that workplace harassment may lead to civil liability and, in extreme cases, could also be considered criminal if it meets the criteria for criminal harassment.