Harassment

Harassment can refer to anything from annoying behavior to sexual harassment on the job. Harassment can also be a criminal offense. Criminal harassment usually involves making repeated threats of harm, injury, or abuse. A harassment conviction can result in jail time and a permanent criminal record.

The term harassment is sometimes overused. False claims of harassment can cause an innocent person to face criminal charges. If someone accuses you of criminal harassment, you should take the claims seriously. Talk to a local criminal harassment defense lawyer for legal advice.

What Is Criminal Harassment?

Criminal harassment is communication or repeated contact that causes someone a reasonable fear of harm or emotional distress. Criminal harassment statutes can vary by state. Some states refer to harassment as criminal threats or stalking.

For example, in New York, first-degree criminal harassment includes intentional and repeated conduct that leaves a person with a reasonable fear of physical injury. Second-degree harassment can include following a person in a public place or any conduct with no legitimate purpose that alarms or seriously annoys someone.

In Texas, criminal harassment is conduct that harasses, annoys, alarms, abuses, torments, or embarrasses. This includes:

• Making obscene comments or suggestions
• Threatening bodily injury against someone else or a family member
• Falsely reporting someone’s death or serious injury to cause alarm
• Making repeated telephone calls or calling and not hanging up
• Harassing electronic communications
• Publishing online information to cause emotional distress
• Tracking someone’s property or vehicle

Harassment can also be a federal crime. Under federal law, harassment becomes a federal crime if it takes place across state lines or through the internet, social media, or over the phone. It is federal harassment to cause someone substantial emotional distress or give them a reasonable fear of serious bodily injury or death.

Types of Harassment

There can be different kinds of criminal harassment. As technology changes, harassment laws have to change to keep up with the times. Most criminal statutes for harassment now include language to address online harassment. Some types of harassment include:

• Cyberbullying: Cyberbullying is online harassment. It involves using computers, phones, and electronic devices to threaten or intimidate someone online, including on social media platforms. Common methods include sending hurtful messages, spreading rumors, and sharing embarrassing photos or videos without consent. Most jurisdictions treat cyberbullying as a serious crime and impose severe penalties – including prison – for a conviction.
• Stalking: Stalking is the persistent and unwanted pursuit of someone. This usually includes following them, sending unwanted gifts, or constantly showing up at their home or workplace. Cyberstalking is a form of stalking where the stalking behaviors are done online.
• Sexual harassment: Sexual harassment is harassment that involves unwelcome sexual advances, comments, or requests and usually results in civil, non-criminal lawsuits for monetary compensation. However, should the behavior ever turn physical, sexual harassment can result in criminal charges. Sexual harassment can also be used to make punishment for sexual assault more severe.
• Hate crimes: Harassing someone because of their race, color, religion, sexual orientation, national origin, gender, or gender identity, can be a hate crime.

What Are the Penalties for Harassment?

The penalties for harassment can depend on state law. Different types of harassment can be misdemeanor or felony offenses. When criminal harassment is a misdemeanor, criminal charges can include fines and up to a year in jail. For harassment felony charges, the penalties can include more than a year in prison.

A harassment conviction can also subject you to a no-contact restraining order. A protection order can prohibit contact with another person, including online communication. Protective orders can also prohibit being within a certain distance of the alleged victim. If you violate the order, you could face an arrest by law enforcement and additional criminal charges.

What Are Defenses to Harassment Charges?

Some people can make false claims of harassment to punish another person. For example, in a child custody dispute, one parent may make false claims to try and keep the other parent from getting custody or visitation.

If you are facing allegations of harassment, a criminal defense attorney can help you fight the criminal charges. Possible defense strategies for criminal harassment offenses include:

• Being a victim of mistaken identity
• That the allegations are false claims motivated by anger or jealousy
• That you had no intent to harm or harass

Lack of evidence can be another defense. With many alleged harassment claims, there is not a lot of evidence beyond testimony, which can be unreliable. Your attorney can argue that the prosecutor does not have enough evidence to prove the elements beyond a reasonable doubt.

How Can a Criminal Defense Lawyer Help?

A criminal defense lawyer can tell you more about your legal options in a criminal harassment case. Your lawyer can build a strong legal defense so you can avoid a criminal record. Your attorney can also negotiate a plea agreement to reduce the criminal charge or help you avoid jail time. Ask a criminal harassment defense lawyer for more information about your legal rights.