Massachusetts
GL ch. 265 ยง 43A. Criminal Harassment.
(a) Whoever willfully and maliciously engages in a knowing pattern
of conduct or series of acts over a period of time directed at a
specific person, which seriously alarms that person and would
cause a reasonable person to suffer substantial emotional
distress, shall be guilty of the crime of criminal harassment and
shall be punished by imprisonment in a house of correction for not
more than two and one-half years or by a fine of not more than
$1,000, or by both such fine and imprisonment. The conduct or acts
described in this paragraph shall include, but not be limited to,
conduct or acts conducted by mail or by use of a telephonic or
telecommunication device or electronic communication device
including, but not limited to, any device that transfers signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system,
including, but not limited to, electronic mail, internet
communications, instant messages or facsimile communications.
(b) Whoever, after having been convicted of the crime of criminal
harassment, commits a second or subsequent such crime, or whoever
commits the crime of criminal harassment having previously been
convicted of a violation of section 43, shall be punished by
imprisonment in a house of correction for not more than two and
one-half years or by imprisonment in the state prison for not more
than ten years.
Model Penal Code: Section 250.4 (Harassment) provides as follows:
A person commits a petty misdemeanor if, with purpose to harass
another, he:
(1) makes a telephone call without purpose of legitimate
communication; or
(2) insults, taunts, or challenges another in a manner likely to
provoke violent or disorderly response; or
(3) makes repeated communications anonymously or at extremely
inconvenient hours, or in offensively coarse language; or
(4) subjects another to an offensive touching; or
(5) engages in any other course of alarming conduct serving no
legitimate purpose of the actor.