(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.
(2) Harassing communications is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §5530; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Acts 1996, No. 96-767, p. 1353, §1; Acts 1997, No. 97-552, p. 989, §1.)
Notes of Decisions
City of Montgomery v. Zgouvas, 953 So. 2d 434 (Ala. Crim. App. 2006).
· cites it 43× “On appeal, South challenged the constitutionality of § 13A-11-8, Ala.Code 1975, because, he said, his communications to his wife in those telephone calls did not constitute "fighting words.”
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
· cites it 5× “Code 1975; harassment, see § 13A-11-8(a)(1)b., Ala.Code 1975; and harassing communications, see § 13A-11-8(b)(1), Ala.”
Shinault v. City of Huntsville, 579 So. 2d 696 (Ala. Crim. App. 1991).
· cites it 8× “Shinault was tried on the charge of verbal harassment. She was convicted and was fined $25 by the Municipal Court of Huntsville.”
Nelson v. Lott, 330 F. Supp. 3d 1314 (N.D. Ala. 2018).
· cites it 4× “54 (plaintiff's brief), at 3-4 ("The Defendants argue that RANDY's conduct (in defending himself) constituted harassment, in violation of Ala. Code § 13A-11-8, disorderly conduct, in violation of Ala.”
Conkle v. State, 677 So. 2d 1211 (Ala. Crim. App. 1996).
· cites it 13× “The offense of harassment in Alabama is defined in § 13A-11-8, Code of Alabama 1975, which is found in the chapter of the Code dealing with offenses against public order and safety.”
Laquarius Gray v. Antonio Bostic, 458 F.3d 1295 (11th Cir. 2006).
“Under Alabama Code § 13A-11-8, a verbal threat, “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,” constitutes the crime of harassment, which is a Class C misdemeanor.”
Ruffino v. City of Hoover, 891 F. Supp. 2d 1247 (N.D. Ala. 2012).
· cites it 5× “Now, in support of their Motion for Summary Judgment and in opposition to Ruffino’s Motion for Partial Summary Judgment, defendants contend that Glover had probable cause to arrest Ruffino not only for disorderly conduct in violation of Alabama Code § 13A-ll-7-(a)(3), but also…”
R.B.H. v. State, 762 So. 2d 382 (Ala. Crim. App. 1999).
· cites it 4× “was adjudicated delinquent on two counts of the underlying offense of harassment, a violation of § 13A-11-8, Ala.Code 1975. Two separate petitions were filed against R.”
N.W. v. State, 748 So. 2d 190 (Ala. 1999).
· cites it 7× “of the charged offense, but found her guilty of the criminal offense of harassment, a violation of Ala.Code 1975, § 13A-11-8, holding that under the particular facts of this case, harassment is a lesser offense included in the crime of menacing.”
Ex Parte Soto, 991 So. 2d 691 (Ala. 2008).
· cites it 2× “, dissenting) (noting that Ala. Code 1975, § 13A-11-8(a)(2), "defines a threat as a communication, 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'").”
Bailey v. City of Ragland, 136 So. 3d 498 (Ala. Crim. App. 2013).
· cites it 2× “Linnie Bailey was convicted in the Rag-land Municipal Court of one count of harassment, a violation of a municipal ordinance of the City of Ragland (“the City”) incorporating § 13A-11-8, Ala.Code 1975. Bailey appealed to the St.”
Brand v. State, 960 So. 2d 748 (Ala. Crim. App. 2006).
· cites it 2× “harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person which whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship…”
— Ala. Code § 13A-11-8(2) — 1 case
— Ala. Code § 13A-11-8(A) — 2 cases
— Ala. Code § 13A-11-8(a) — 9 cases
Shinault v. City of Huntsville, 579 So. 2d 696 (Ala. Crim. App. 1991).
“Shinault was tried on the charge of verbal harassment. She was convicted and was fined $25 by the Municipal Court of Huntsville.”
City of Montgomery v. Zgouvas, 953 So. 2d 434 (Ala. Crim. App. 2006).
“On appeal, South challenged the constitutionality of § 13A-11-8, Ala.Code 1975, because, he said, his communications to his wife in those telephone calls did not constitute "fighting words.”
— Ala. Code § 13A-11-8(a)(1) — 15 cases
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“Code 1975; harassment, see § 13A-11-8(a)(1)b., Ala.Code 1975; and harassing communications, see § 13A-11-8(b)(1), Ala.”
City of Montgomery v. Zgouvas, 953 So. 2d 434 (Ala. Crim. App. 2006).
“On appeal, South challenged the constitutionality of § 13A-11-8, Ala.Code 1975, because, he said, his communications to his wife in those telephone calls did not constitute "fighting words.”
Brand v. State, 960 So. 2d 748 (Ala. Crim. App. 2006).
“harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person which whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship…”
N.W. v. State, 748 So. 2d 190 (Ala. 1999).
“of the charged offense, but found her guilty of the criminal offense of harassment, a violation of Ala.Code 1975, § 13A-11-8, holding that under the particular facts of this case, harassment is a lesser offense included in the crime of menacing.”
— Ala. Code § 13A-11-8(a)(1)(a) — 7 cases
Nelson v. Lott, 330 F. Supp. 3d 1314 (N.D. Ala. 2018).
“54 (plaintiff's brief), at 3-4 ("The Defendants argue that RANDY's conduct (in defending himself) constituted harassment, in violation of Ala. Code § 13A-11-8, disorderly conduct, in violation of Ala.”
R.B.H. v. State, 762 So. 2d 382 (Ala. Crim. App. 1999).
“was adjudicated delinquent on two counts of the underlying offense of harassment, a violation of § 13A-11-8, Ala.Code 1975. Two separate petitions were filed against R.”
— Ala. Code § 13A-11-8(a)(1)(b) — 6 cases
Conkle v. State, 677 So. 2d 1211 (Ala. Crim. App. 1996).
“The offense of harassment in Alabama is defined in § 13A-11-8, Code of Alabama 1975, which is found in the chapter of the Code dealing with offenses against public order and safety.”
R.B.H. v. State, 762 So. 2d 382 (Ala. Crim. App. 1999).
“was adjudicated delinquent on two counts of the underlying offense of harassment, a violation of § 13A-11-8, Ala.Code 1975. Two separate petitions were filed against R.”
— Ala. Code § 13A-11-8(a)(2) — 7 cases
Ex Parte Soto, 991 So. 2d 691 (Ala. 2008).
“, dissenting) (noting that Ala. Code 1975, § 13A-11-8(a)(2), "defines a threat as a communication, 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'").”
— Ala. Code § 13A-11-8(a)(3) — 2 cases
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“Code 1975; harassment, see § 13A-11-8(a)(1)b., Ala.Code 1975; and harassing communications, see § 13A-11-8(b)(1), Ala.”
— Ala. Code § 13A-11-8(b) — 6 cases
Shinault v. City of Huntsville, 579 So. 2d 696 (Ala. Crim. App. 1991).
“Shinault was tried on the charge of verbal harassment. She was convicted and was fined $25 by the Municipal Court of Huntsville.”
City of Montgomery v. Zgouvas, 953 So. 2d 434 (Ala. Crim. App. 2006).
“On appeal, South challenged the constitutionality of § 13A-11-8, Ala.Code 1975, because, he said, his communications to his wife in those telephone calls did not constitute "fighting words.”
— Ala. Code § 13A-11-8(b)(1) — 3 cases
City of Montgomery v. Zgouvas, 953 So. 2d 434 (Ala. Crim. App. 2006).
“On appeal, South challenged the constitutionality of § 13A-11-8, Ala.Code 1975, because, he said, his communications to his wife in those telephone calls did not constitute "fighting words.”
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“Code 1975; harassment, see § 13A-11-8(a)(1)b., Ala.Code 1975; and harassing communications, see § 13A-11-8(b)(1), Ala.”
Conkle v. State, 677 So. 2d 1211 (Ala. Crim. App. 1996).
“The offense of harassment in Alabama is defined in § 13A-11-8, Code of Alabama 1975, which is found in the chapter of the Code dealing with offenses against public order and safety.”
— Ala. Code § 13A-11-8(b)(2) — 2 cases
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“Code 1975; harassment, see § 13A-11-8(a)(1)b., Ala.Code 1975; and harassing communications, see § 13A-11-8(b)(1), Ala.”
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