Is Setting Me Up to be Arrested Considered Harassment?
Full Question:
Answer:
We are unable to speculate on another person's future intentions. It may be possible that he is may claim breaking and enetering or property damage. Harassment is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.
When a person receives threatening phone calls, it may be reported to the local police department. After doing an investigation, the police may work with the phone company to get a subpoena for the caller's information. Some cell phone carriers have corporate security divisions that will work with you to stop the harassing calls. It is recommended to call customer service after filing a police report and determine if your phone carrier will assist you without a subpoena. If your phone carrier does not offer this option you can consider filing a civil suit against your harasser and subpoena the information from the phone carrier as part of your lawsuit. The information may also be used in obtaining a restraining order.
The following is an Alabama statute:
§ 13A-11-8. Harassment or harassing communications.
(a)(1) HARASSMENT. — A person commits the crime of harassment
if, with intent to harass, annoy, or alarm another person, he
or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or
subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene
gesture towards another person.
(2) For purposes of this section, harassment shall include a
threat, verbal or nonverbal, made with the intent to carry out
the threat, that would cause a reasonable person who is the
target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
(b)(1) HARASSING COMMUNICATIONS. — A person commits the crime
of harassing communications if, with intent to harass or alarm
another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by
telephone, telegraph, mail, or any other form of written or
electronic communication, in a manner likely to harass or
cause alarm.
b. Makes a telephone call, whether or not a conversation
ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such
other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business
telephone communications.
