We all have a pretty good idea of what harassment means. It might involve annoying, personal comments. It might involve persistent messages. In some situations, it might just mean that one person doesn’t understand how unwelcome their behavior is to another person.
But when does it cross the line and become a criminal offense? In Indiana, harassment charges start as a Class B misdemeanor, and they can easily escalate. It’s helpful to understand where the legal lines are drawn.
When Harassment Becomes a Criminal Offense
In the State of Indiana, harassment requires that a specific set of criteria be met before it can be considered a criminal offense. This is not simply a matter of a few annoying phone calls.
According to statute, “harassment” means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact:
- that would cause a reasonable person to suffer emotional distress, and
- that actually causes the victim to suffer emotional distress.
Harassment in this state involves a repeated pattern of contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress and that actually causes the victim to suffer emotional distress.
Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.
Furthermore, a person who, with the intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
- makes a telephone call, whether or not a conversation ensues;
- communicates with a person by telegraph, mail, or other form of written communication;
- transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
- uses a computer network (as defined in I.C. section 35-43-2-3(a)) or other form of electronic communication to:
- communicate with a person; or
- transmit an obscene message or indecent or profane words to a person;
commits harassment. This starts as a Class B misdemeanor, which carries a maximum penalty of 180 days in jail and a $1,000 fine.
In Indiana, many harassment cases come down to the question of whether the State is able to establish two things:
- a pattern of repeated contact; and
- no intent of legitimate communication.
What Qualifies as Repeated Contact in the Context of Harassment?
So what is considered repeated contact in the context of a criminal harassment charge? According to Indiana law, it goes beyond just a few unwanted messages. It involves a persistent and unwarranted stream of communication that harasses or torments the victim. This can mean:
- continuously sending unsolicited messages;
- making a series of disturbing phone calls;
- sending offensive emails or texts; or
- relentless targeting on social media.
If you engage in such behavior and it serves no legitimate purpose, this is criminal, and Indiana law can come down hard on you. Criminal charges can have serious consequences for both your professional and personal life. If you push things far enough with someone, you might even encourage them to file for a protection order against you. This would be a civil matter, and at the very least, it would require you to appear in court for a hearing.
Make the Right Call
If you find yourself facing harassment charges, it’s crucial not to panic. The Marc Lopez Law Firm handles cases like these every day, and we’re here to help. Our team of experienced Indiana criminal lawyers here to help and guide you through the legal process.
Not only that, but we’re here to answer your questions and work to achieve the best possible outcome for your case. Don’t hesitate to reach out to us at 317-632-3642 and remember—always plead the 5th!
