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 Virginia, criminal harassment is addressed under various statutes that criminalize behavior intended to harass, annoy, alarm, abuse, torment, or embarrass a person. Virginia Code § 18.2-152.7:1, for example, defines the crime of harassment by computer, making it illegal to use a computer or computer network with the intent to coerce, intimidate, or harass any person, or to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature. Stalking is another form of criminal harassment, prohibited under Virginia Code § 18.2-60.3, which makes it a crime to engage in conduct directed at another person with the intent to place, or when the actor knows or reasonably should know the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury. Hate crimes, which may include harassment based on race, religion, gender, or other protected characteristics, are addressed under Virginia Code § 18.2-57, enhancing penalties for assault or battery against a person due to their race, religious conviction, color, or national origin. It's important to note that while workplace harassment can lead to civil liability, it may also constitute criminal harassment if it meets the criteria set forth in the criminal statutes. An attorney can provide specific guidance on the application of these laws to individual circumstances.