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 North Carolina, criminal harassment is addressed under various statutes. The state's stalking laws, for instance, prohibit conduct that includes following or harassing another person repeatedly in a way that causes that person to fear for their safety or suffer substantial emotional distress (N.C. Gen. Stat. § 14-277.3A). Cyberbullying is also a criminal offense in North Carolina, particularly when directed at minors, and includes the use of electronic communication to intimidate, torment, or threaten a minor (N.C. Gen. Stat. § 14-458.1). Additionally, North Carolina law criminalizes the act of making repeated phone calls or communications with the intent to abuse, annoy, threaten, terrify, harass, or embarrass someone (N.C. Gen. Stat. § 14-196). Hate crimes, which are offenses motivated by bias or prejudice, can lead to enhanced penalties under North Carolina's sentencing guidelines. It's important to note that while workplace harassment can lead to civil liability, it may also constitute criminal harassment if it involves threats of violence or other conduct covered by criminal statutes. Victims of harassment in North Carolina have the right to seek protection through restraining orders and other legal remedies.