Code of Ala. § 13A-6-92. Definitions.
(1994)
As used in this article, the
following terms shall have the following meanings, respectively, unless the
context clearly indicates otherwise.
(a) Course
of conduct. A pattern
of conduct composed of a series of acts over a period of time which evidences a
continuity of purpose.
(b) Credible
threat. A threat,
expressed or implied, made with the intent and the apparent ability to carry out
the threat so as to cause the person who is the target of the threat to fear for
his or her safety or the safety of a family member and to cause reasonable
mental anxiety, anguish, or fear.
(c) Harasses. Engages in an intentional course
of conduct directed at a specified person which alarms or annoys that person, or
interferes with the freedom of movement of that person, and which serves no
legitimate purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must actually
cause substantial emotional distress. Constitutionally protected conduct is not
included within the definition of this term.
Code of Ala.
§ 13A-6-93. Construction; similar provisions.
(1992)
This article
shall not be construed to repeal other criminal laws. Whenever conduct
prescribed by any provision of this article is also prescribed by any other
provision of law, the provision which carries the more serious penalty shall be
applied.
Code of Ala. § 13A-6-94. Construction;
constitutionality of article.
(1997)
This article shall be construed
and, if necessary, reconstrued to sustain its
constitutionality.
Code of Ala. § 13A-11-8. Harassment -- Harassing communications. (1997)
(a) Harassment.
--
(1)
(1) 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) Harassing
communications. --
(1)
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.