Alabama Harassment Laws: What You Need to Know
Harassment is prohibited under both Alabama civil and criminal laws. This article provides an overview of key details on Alabama Harassment Laws prohibiting harassment, including penalties for violations.
Alabama defines harassment as targeted conduct that alarms or causes substantial emotional distress to an individual. Both state and federal laws protect Alabama residents from unlawful harassment and impose penalties on violators.
History of Alabama Harassment Laws
- Alabama first enacted laws criminalizing stalking and certain harassment in 1992.
- Workplace harassment protections were added through the Alabama Age Discrimination Act in 1997.
- Cyberstalking and online harassment laws were enacted in 1999.
- Various bills have expanded harassment definitions and increased penalties over the years.
- The goal is to prevent threatening behavior and allow recourse for victims.
Who Alabama Harassment Laws Apply To
Alabama’s harassment statutes apply to:
- Residents of Alabama were harassed physically in the state.
- Businesses and organizations operating in Alabama.
- Out-of-state offenders if illegal harassment occurred in Alabama or targeted Alabama residents.
- Online harassment is directed at persons in Alabama.
Both private individuals and employers/businesses can be held liable for unlawful harassment.
Key Provisions of Alabama Harassment Laws
Alabama law defines harassment generally as:
- Repeated conduct that alarms or seriously annoys another person.
- Threatening physical injury or property damage.
- Intimidating or terrorizing another person.
- Exposing another to contempt or ridicule.
Criminal Harassment
Under Alabama Code § 13A-11-8, it is illegal to engage in an ongoing pattern of intentional harassment including:
- Threatening bodily harm through physical injury or property damage.
- Intimidating communications inducing fear.
- Repeated lewd, lascivious, threatening, or obscene communications.
- Communicating without disclosing identity.
- Electronic communications promoting/encouraging suicide.
Workplace Harassment
Alabama employers are required under § 25-1-28 to provide workplaces free from verbal or physical harassment based on protected classes such as:
- Age
- Race
- Gender
- Religion
- National origin
- Disability
Quid pro quo sexual harassment and hostile environment harassment are also prohibited.
Online Harassment
Under § 13A-11-8.1, it is illegal in Alabama to use electronic communications to harass, intimidate, threaten, terrify, or abuse someone.
Penalties for Violating Alabama Harassment Laws
- Most first-offense criminal harassment charges are Class C misdemeanors with fines up to $500 and jail terms up to 3 months.
- Aggravated stalking/harassment charges can be Class B felonies with up to 20 years imprisonment.
- Civil monetary damages for workplace harassment lawsuits can total up to $300,000.
- Businesses face additional liability for negligent hiring/supervision violations.
- Restraining orders, probation, and community service may also be imposed for convictions.
Recent Changes and Proposed Legislation
Recent updates to Alabama harassment laws:
- 2018 law barred certain defenses claiming provocation or “stand your ground.”
- 2019 legislation increased penalties for repeat harassment and stalking offenders.
- 2022 law prohibited lewd communications with sexually illicit content.
Proposed changes not yet enacted:
- Expanding the scope of protected classes under workplace harassment laws.
- Lengthening sentences and fines for aggravated stalking/harassment.
- Creating a criminal offense for doxing personal information.
Controversies and Challenges Regarding Alabama Harassment Laws
Alabama harassment laws aim to balance free speech rights and protection from unlawful threatening behavior. Key areas of debate include:
- What communication rises to criminally actionable harassment vs. offensive but legal speech?
- How to enforce harassment laws for online interactions across jurisdictions?
- Appropriate protections for employee free speech while preventing workplace harassment.
- Should existing protected classes be expanded to include gender identity/expression?
- How courts determine appropriate civil damages in workplace harassment suits.
Absent threats or lewd content, harassment standards depend partly on subjective viewpoints. This creates challenges in the enforcement and adjudication of close calls under the laws.
Conclusion and Key Takeaways
- Alabama law prohibits various forms of harassing conduct both civilly and criminally.
- Harassment includes physical threats, terrorizing communications, stalking, and workplace harassment based on protected class status.
- Penalties range from fines and probation up to multi-year prison terms depending on severity and circumstances.
- An ongoing debate exists around balancing free speech and anti-harassment protections.
- Understanding Alabama’s harassment statutes can help individuals and employers avoid violations and liability.
Frequently Asked Questions
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