Types of Criminal Harassment

Harassment includes or is a component of several various crimes, each with its own elements and its own consequences. This article identifies some of the different types of harassment that might result in criminal harassment charges, depending on your jurisdiction. These may be independent crimes or become extra penalties if convicted of other crimes.

If you’ve been criminally charged with some form of harassment, an experienced criminal defense attorney will be able to assist you in preparing your defense and protect your legal rights.

Harassment Generally

Harassment generally consists of unsolicited threats, intimidation, or disparagement toward someone else that result in inconvenience, fear, or significant emotional distress. Prosecutors must prove several elements of the case to secure a guilty conviction, including that there was no legal or legitimate justification for the words or actions.

Harassment can be visual, spoken, or written actions. In other words, if anything you say, do, or wear is offensive, including:

• Lewd actions
• Unwanted touching
• Standing too close to someone
• Playing offensive music
• Watching offensive material online
• Sending offensive or threatening notes, emails, phone calls, or text messages

It can all be considered harassment.

In determining whether the behavior rises to the level of harassment, courts will look at the frequency of your conduct, the severity of your conduct, whether your conduct is threatening or just annoying, and how damaging the behavior was for the victim.

Violating an order of protection or restraining order that a court may issue for a harassment victim or continuing harassing behavior can result in harsher punishments.

What Are the Different Types of Harassment?

Harassment comes in various forms, each with its unique characteristics and legal consequences. Cyberbullying, stalking, sexual harassment, racial or ethnic harassment, homophobic or transphobic harassment, and workplace harassment are all serious issues that can have significant legal repercussions, some of them criminal.

Harassment cases and harassment laws rely on a reasonable person’s understanding and that reasonable person’s reasonable fears.

Online Harassment

Harassment can take place online. Online harassment can be difficult to identify because someone may post anonymous messages. Online harassment can come through different types of electronic communication, including:

• E-mail
• Social media
• Text messages
• Instant and direct messaging
• Online forums

Online harassment can also include cyberbullying. Cyberbullying usually refers to online harassment of children or teenagers. Many states have criminal statutes to specifically address cyberbullying and online harassment.

Stalking and Cyberstalking

Stalking generally involves making threats or repeated contact causing reasonable fear of harm. Even if someone doesn’t intend to cause harm, it can still be stalking if repeated conduct causes someone to suffer serious distress. Examples of stalking can include following someone, tracking their location, or spying on them. Cyberstalking is stalking through online communication.

Harassment and Domestic Violence

Some harassment cases involve domestic violence claims. Domestic violence involves causing physical harm or threats to someone who is a former partner, spouse, or other family member. Harassing behavior can include repeated phone calls, following them, or threatening them or their family members.

Sexual Harassment

Sexual harassment is a type of workplace discrimination. Making sexual comments about someone can be sexual harassment under employment law but it is not necessarily a crime. If someone is claiming harassment in the workplace, they may have a civil claim for monetary compensation under state and federal employment law. However, this may not be the same as harassment under criminal law. But if sexual harassment turns physical, criminal charges can result.

Non-Criminal Harassment

There are types of harassment that do not rise to the level of criminal harassment but still might have legal consequences. Civil harassment will likely have financial penalties. Harassing someone at work can result in termination of your employment; and harassing someone in a way that is not criminal but warrants punishment could subject you to civil penalties. Civil penalties are usually financial payments to the victim.

Get an Attorney’s Help

If you are accused of harassment and facing criminal charges, you should contact a criminal defense lawyer to help you prepare your defense. A conviction will leave you with a criminal record, which could have a serious, negative effect on your life.