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 Maine, criminal harassment is addressed under Maine Revised Statutes Title 17-A, Chapter 21, which includes offenses such as stalking and harassment by telephone or electronic communication device. A person may be charged with harassment if they intentionally engage in conduct that alarms, annoys, or causes emotional distress to another person, without a legitimate purpose, and with the intent to harass or annoy the other person. This includes making obscene comments, threatening bodily injury or property damage, communicating false reports of injury or death, causing repeated phone calls, failing to hang up, allowing one's phone to be used for harassment, and sending repeated electronic communications. The specific statutes that cover these actions are 17-A M.R.S.A. § 209-A (Stalking), 17-A M.R.S.A. § 210-A (Harassment by telephone), and 17-A M.R.S.A. § 210-B (Harassment by electronic communication device). Criminal harassment is distinct from workplace harassment, which may lead to civil liability rather than criminal charges, unless the behavior also meets the criteria for criminal harassment under state law.