Penalties for a Harassment Conviction

When harassment causes fear or distress, it can be the crime of harassment. Criminal harassment is repeated contact that causes someone to suffer a reasonable fear of bodily injury or emotional distress. The penalties for harassment charges can depend on the facts of the case but can result in jail time, fines, probation, or a restraining order.

A criminal record for a criminal harassment conviction can follow you long after you serve your sentence. A criminal defense attorney can help you fight criminal charges and protect your rights.

What Happens After a Conviction for Harassment?

After a conviction for criminal harassment, you will be sentenced. If you plead guilty to criminal harassment as part of a plea agreement, your attorney and the prosecutor will likely have already decided the penalties, but the judge will still need to give final approval. If found guilty in a jury trial, the judge will decide the penalties. In most states, judges have sentencing guidelines that specify the maximum and minimum sentencing for your charges. A sentence can increase for aggravating factors or decrease for mitigating factors.

State Criminal Harassment Penalties

Harassment can be either a state or federal criminal offense. Most criminal harassment cases involve state harassment laws. Some states have different levels of criminal harassment based on degree or class.

For example, in South Carolina, the penalties for second-degree harassment include up to 30 days in jail. The penalties for first-degree harassment include up to three years in jail. First-degree harassment after a previous harassment conviction can be a felony, with up to five years imprisonment possible.

Federal Harassment Penalties

Online harassment is more common as people communicate online and through social media. Criminal harassment can be a federal crime when it involves electronic communication across state lines, including:

• Phone calls
• Social media
• Text messages
• E-mail

Online harassment that causes severe emotional distress or places a person in reasonable fear of death or serious bodily injury can be a federal felony. The penalties include a fine and up to five years in federal prison.

Enhanced Penalties for Hate Crimes or Bias Crimes

Most states have enhanced penalties when a crime like harassment is motivated by hatred or discrimination against a protected class. Depending on the state, hate crimes can include targeting someone based on their:

• Race
• Ethnicity or nationality
• Religion
• Sexual orientation
• Gender
• Disability

For additional hate crime criminal penalties to apply, the prosecutor has to show prejudice or hatred motivated the harassment.

What Are the Consequences of a Felony Harassment Conviction?

Harassment can be a misdemeanor or a felony, depending on the circumstances. The consequences of a felony are much more serious than for a misdemeanor conviction. Both can leave you with a criminal record, but a felony can limit your rights for a long time.

Convicted felons often find it harder to get a job or find a place to live. Felons are also prohibited from owning or possessing a firearm and may have limited options for professional licensing and government benefits.

If you are facing felony charges, talk to your criminal defense attorney about plea bargain options. Your lawyer may be able to negotiate a plea agreement to reduce the charges to a misdemeanor so you can avoid the most serious criminal penalties.

Will I Have a Restraining Order Against Me?

Many harassment cases will include a restraining order. A temporary restraining order can become permanent after a conviction. A restraining order, sometimes known as a protection order or no-contact order, limits your contact with the alleged victim. This means you cannot contact, approach, or call the alleged victim. Depending on the protective order, you may have to stay away from their friends and family members, where they live, and where they work.

Will I Have to Register as a Sex Offender for Harassment?

Some harassment crimes are also sex crimes. For example, online sexual harassment of a minor could be a sex offense. If you are convicted of a sex crime, you may have to register as a sex offender. Sex offenders have to register with law enforcement when released from jail and have to re-register whenever they move. Offenders generally have to stay away from schools, parks, and other public places where children may be.

Sex offenders are listed on public websites that can show their names, photographs, descriptions, and addresses. Online sex offender registries can also show the criminal charges involved.

Can a Criminal Defense Lawyer Help?

A criminal defense lawyer can give you legal advice about your options in a criminal harassment case. Your lawyer can build a strong defense strategy 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.