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 West Virginia, criminal harassment is addressed under West Virginia Code §61-3C-14a, which defines the offense of cyberbullying. This statute makes it illegal to use a computer or computer network to communicate with the intent to harass, intimidate, or bully another person. The law covers actions that include, but are not limited to, making obscene comments, suggestions, or proposals, threatening bodily injury or property damage, communicating false reports of death or injury, and sending repeated electronic communications with the intent to abuse, torment, or embarrass. Additionally, West Virginia Code §61-2-9a deals with the crime of stalking, which involves repeated conduct such as following or harassing another person that causes them to feel terrorized, frightened, intimidated, or harassed. Both statutes recognize the seriousness of these actions and provide for criminal penalties. It's important to note that while workplace harassment may lead to civil liability, it could also be subject to criminal charges if it meets the threshold of criminal harassment under state law.