Understanding what qualifies as harassment under Georgia criminal law is essential for anyone navigating the justice system. Harassment and stalking offenses are taken seriously and cover a wide range of conduct. However, not every unpleasant or unwanted interaction meets the legal definition of harassment. Whether you are facing charges, responding to an accusation, or simply want to understand what is considered harassment in Georgia, continue reading for more information and consult with an experienced Cobb County criminal lawyer today.
What is Considered Harassment in GA?
Georgia state law does not have a single “harassment” statute, but instead addresses harassing behaviors under several laws. In these laws, “harassing and intimidating” is defined as a knowing and willful course of conduct directed at a specific person that causes emotional distress by placing the person in reasonable fear for their safety or the safety of their immediate family by establishing a pattern of harassing and intimidating behavior that serves no legitimate purpose.
What Laws Govern Harassment?
The most relevant laws regarding harassment include O.C.G.A. §16-11-39.1 and O.C.G.A. §16-5-90, which describe harassing communications and stalking, respectively.
O.C.G.A. §16-11-39.1 outlines the offense of harassing communications. Under this statute, it is illegal to:
- Contact another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication for the purpose of harassing, molesting, threatening, or intimidating such person or the family of such person;
- Threaten bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication;
- Telephone another person and intentionally fails to hang up or disengage the connection; or
- Knowingly permit any device used for telecommunication, e-mail, text messaging, or any other form of electronic communication under such person’s control to be used for any purpose prohibited by this subsection.
O.C.G.A. §16-5-90 defines the offense of stalking, which involves harassment. This legislation states that it is illegal to:
- Follow, place under surveillance, or contact another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person; or
- In violation of a restraining order, broadcast or publish, including electronic publication, the picture, name, address, or phone number of a person without their consent in a manner that causes others to harass or intimidate them.
In order to convict someone of harassment-related charges, the prosecution must show that the defendant made contact or took action directed at a specific person, that the behavior was intentional, and that the contact caused fear, intimidation, or emotional distress.
The penalties for harassment and stalking in Georgia can be severe, so it is crucial that you understand both the legal definition of these laws and the potential consequences of a conviction. Reach out to a skilled attorney for more information and legal representation today.
