Harassment Charges

Alabama’s harassment statute covers a broader range of conduct than most people expect. The state does not require physical injury — or even physical contact — to bring a harassment charge. The key element is intent: the state must prove the defendant acted with intent to harass, annoy, or alarm another person.

Harassment - Class C Misdemeanor

Under Alabama Code § 13A-11-8(a), a person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

•       Strikes, shoves, kicks, or otherwise touches a person or subjects them to physical contact

•       Directs abusive or obscene language or makes an obscene gesture toward another person

•       Makes a threat, verbal or nonverbal, with the intent to carry out the threat, that would cause a reasonable person to fear for their safety

A conviction carries up to 3 months in county jail and a fine of up to $500 under §§ 13A-5-7 and 13A-5-12.

Harassing Communications - Class C Misdemeanor

Under § 13A-11-8(b), a person commits harassing communications if, with intent to harass or alarm, he or she:

•       Communicates by telephone, mail, or any form of written or electronic communication in a manner likely to harass or cause alarm

•       Makes a telephone call with no purpose of legitimate communication

•       Addresses lewd or obscene words or language to another person by telephone

The same Class C misdemeanor penalties apply. Text messages, emails, social media messages, and voicemails all fall within the scope of this statute.

Is Verbal Harassment a Crime in Alabama?

Yes. Alabama’s harassment statute explicitly criminalizes directing abusive or obscene language toward another person when done with intent to harass, annoy, or alarm. A verbal threat that would cause a reasonable person to fear for their safety also qualifies as harassment under § 13A-11-8(a)(2). No physical contact is required. However, the state must prove the specific intent element — casual arguments, heated exchanges, or words spoken without harassing intent may not meet the legal threshold.

When does Harassment Escalate to Domestic Violence?

When the alleged victim is a current or former spouse, parent, child, household member, or someone with whom the defendant has a dating or engagement relationship, a harassment charge is automatically elevated to domestic violence in the third degree under § 13A-6-132. This is a Class A misdemeanor carrying up to one year in jail, a $6,000 fine, and a mandatory minimum sentence of six months on a third or subsequent conviction. A domestic violence conviction also triggers a federal firearms prohibition under 18 U.S.C. § 922(g)(9). For a detailed breakdown of how domestic violence charges work in Alabama, see our domestic violence defense guide.

When does Harassment Escalate to Stalking?

If the harassing behavior is repeated and accompanied by a threat, expressed or implied, that places the victim in reasonable fear of death or serious bodily harm, the charge escalates to stalking in the first degree under § 13A-6-90. Stalking in the first degree is a Class C felony carrying 1 to 10 years in prison. If the stalking violates a court order or protection order, the charge becomes aggravated stalking in the first degree under § 13A-6-91, a Class B felony carrying 2 to 20 years.