Indiana Harassment Laws: A Complete Guide

Facts about Indiana harassment laws

Harassment in Indiana is not defined in a standalone statute, but rather it is found contained within various other Indiana laws. Indiana Code § 35-45-2-2 identifies the offense of harassment. The statute states:
"(a) A person who, with intent to harass, annoying, enhance the safety of, or alarm another person interacts with another person commits harassment if, after receiving a reasonable warning or request to cease, the person engages in the following behavior:

(1) With intent to harass, annoy, embarrass, or alarm another person, engages in conduct directed toward that other person, including following that person, which:

(A) Alarms or threatens the other person; or
(B) Causes the other person to reasonably suffer emotional distress.

(2) With intent to harass, annoying, embarrass, or alarm another person, makes an unsolicited communication to the other person, including the sending of an electronic communication, which:

(A) Harasses, annoys, embarrasses, or alarms the other person;
(B) Lacks any legitimate purpose;
(C) Would cause a reasonable person to suffer emotional distress; or
(D) Causes the other person to suffer emotional distress.
(a-1) Except as provided in subsection (b), a person who knowingly or intentionally violates IC 35-42-4-2.5 commits harassment, a Class B misdemeanor.
If , after a person has been found by a court in at least two (2) previous instances to have committed an offense under subsection (a-1) of this section, the person commits an additional offense under subsection (a-1) of this section, the commission of the additional offense is a Class A misdemeanor.
(b) A person who commits harassment under subsection (b-1) of this section is guilty of a Class C misdemeanor, except that the person may be sentenced as a Class D felon, if the person has a prior, unrelated conviction under this chapter or IC 35-41-2-13 or conviction under a similar statute in another jurisdiction that is classified as a Class A misdemeanor or a felony.
(b-1) A person who knowingly or intentionally violates IC 35-45-2-4(c) commits harassment, a Class C misdemeanor."
As the statute clearly lays out, it is unlawful in Indiana to harass, annoy or alarm another person. While the individual must have the intent to harass, annoy or alarm another, the law still qualifies rest of the requirements in separate subsections. First all, harassment and harassment by means of electronic communication are two different offenses in Indiana’s eyes. Second, regardless of intent, harassment is illegal in that it may be alarming or distressing to the victim. As such, it is recommended that anyone who believes they have been is a victim of harassment should reach out to an experienced Indiana harassment attorney to discuss your options.

Types of harassment under Indiana state law

While the most prevalent type of harassment is workplace-related, harassment can occur anywhere—from the workplace to the coffee shop to a friend’s home. Harassment is often identified by the setting, such as workplace harassment, sexual harassment, and harassment by technology, including cyber harassment and social media harassment. In this section, you’ll find examples and real-life scenarios for each of these types of harassment, as well as information that could help you identify where your experience would fit into Indiana law.
Workplace Harassment
According to Indiana’s Human Resources Code 761 IAC 1-8-2, workplace harassment might include a number of different things, including but not limited to:
• bullying
• abusive conduct
• teasing or jokes
• excessive criticism
• inappropriate humor (of the vulgar variety)
• insults or swearing
• offensive physical contact such as grabbing or shoving
• unwanted physical contact for the intent of disrupting a person’s work
• offensive gestures or provocative, offensive emails, notes or photos
There are almost limitless other scenarios, though, that could qualify as workplace harassment in Indiana, including:
Scenarios:
• While at the water cooler, a female employee makes offensive comments to a male employee about his looks and his clothes.
• Two employees are overheard making fun of another employee’s sibilant speech, which comes as a result of a medical condition. "Sibilant" describes a hissing or hushing sound.
• An employee arrives late to work because she was attending a job interview, and her coworkers mock her, saying she was applying for a job at a strip club.
• An employee calls out another employee, saying, "You’re gay. Everyone knows you’re gay." The targeted employee feels harassed.
Sexual Harassment
The Indiana statute also goes on to identify sexual harassment as a type of workplace harassment. The Indiana Commission on Human Rights (ICHR) defines sexual harassment as unwelcome sexual advances or requests for sexual favors, or verbal, nonverbal or physical conduct of a sexual nature, including:
• sexually explicit language, jokes or comments
• suggestive or obscene behavior
• unwanted touching or hugging
• asking someone to engage in sexual activity in exchange for a raise or promotion
• any other type of unwanted sexual behavior
Examples:
• Wendy is attending a mandatory workshop in her office. It’s after hours, and only seven employees of her company are required to be there. There are five men in the room and only two women. One of the men continually nudges Wendy with his knee as they sit beside each other. He kicks her in the shin and jerks her arm toward his knee, laughing and making sexual comments to her. This is sexual harassment.
• Miranda and Dave are co-workers and have worked together for many years. Even though their work habits and personalities mesh well, Miranda has managed through the years to ignore Dave’s obvious crush on her. She has politely turned him down many times. When she heard the news about the Harvey Weinstein scandal, she knew something had to give. She called Dave to her office, and told him to stay away from her, make no more comments to her about her appearance or clothing, and do not flirt with her anymore. Dave laughed, and said a girl like her shouldn’t be so ungracious. He had no idea what kind of "girl" she was. This is sexual harassment.
Cyber Harassment
As technology becomes more prevalent and integral to our personal and professional lives, the potential for cyber harassment rises. In fact, it has become such an issue that the Office of Attorney General in Tennessee released this perfectly succinct and accurate definition of cyber harassment on its website:
"Cyber harassment is any electronic communication intended to harass. It can be in the form of texts, emails, social media posts, online impersonation, defamation or any other unwanted or unsolicited electronic communication where there is a clear intent to harass."
Indiana accepts this definition, as does the rest of the country. It includes cyber harassment that occurs via text message, email, social media, or online forums or as a result of impersonation. Examples include:
• Sending threatening text messages.
• Posting derogatory comments about someone on a social media channel.
• Impersonating someone in an email or through use of his or her social media accounts.
• Repeatedly calling or texting someone without their consent, especially if it is intended to annoy them.
• Posting or distributing compromising photos or videos without permission.
Scenarios:
• Shae is posting videos and pictures of dance parties in her apartment to a group of her friends. She invites them in person but not in the group. Samantha who is a friend but not invited posts an angry comment calling Shae spoiled, and then continues to post personal insults and taunts over the course of a week. This is cyber harassment.
• Evan has repeatedly sent nasty emails to Carlos, a former colleague, whom he has previously admitted to being in love with. Each email is something worse than the last, suggesting a combination of violence, sex and sarcasm, with no type of contrition or apology. This is cyber harassment.
Social Media Harassment
Social media harassment falls under the cyber harassment umbrella and encompasses harassment via any social media channel. For example, if someone has repeatedly insulted or threatened you over Twitter or Facebook, that would be known as social media harassment.

The penalties associated with harassment

If you are found guilty of harassment, in addition to paying restitution to the victim and their family, you may be ordered to pay court costs and fines as well. You may be required to attend counseling sessions and make scheduled payments to the court until restitution is paid in full. In some cases, a restraining order will also be placed against you, prohibiting you from any further contact with the victim. Violation of this order can lead charges of stalking, which is a class D felony. If you are placed on probation, you must follow the terms and conditions set by the state of Indiana. Violating these terms can result in incarceration in an Indiana jail or state prison. Sometimes, probation officers require regular testing for drugs or alcohol, the need for a valid driver’s license, community service hours, or the payment of fees, fines, restitution, or minimum monthly payments to the court. If you fail to comply with any of these terms, your probation can be revoked and you may be required to serve a jail or prison sentence. A conviction of harassment will often go on your permanent criminal record. Even if your arrest or conviction was carried out in a different state, it will appear in the Criminal History Report of the Indiana State Police, where it can be viewed by potential employers, or even the military, while you are applying for a legal firearm, during a child custody dispute or during a divorce proceeding.

Protective orders and victims’ rights

Victims of harassment in Indiana have several options to obtain protection from the harassment. A protective order is an order issued by a court to prohibit an alleged perpetrator from having any contact with the victim. Indiana has two types of protective orders—preliminary and permanent. The preliminary protective order remains in place until the court can hold a hearing within 20 days of the order being issued. At the hearing, the court will determine whether a permanent protective order should be issued, which will then remain in effect for at least two years, with the possibility of extension .
A person may seek a protective order whether or not criminal charges have been filed. The process begins the same in either case. After filing a petition with the court, the victim is given a hearing date within 20 days at which time the court will determine whether to issue a protective order. However, a court cannot issue a protective order without making a legal finding that the petitioner is a victim of stalking or harassment as defined in Indiana law. If a violation occurs of the protective order or injunction, the person could be found in contempt and potentially face jail time—in addition to any charges related to the violation of the protective order.

What you should do if you are a victim of harassment

It is unfortunate that you may eventually encounter someone who will harass you, in one form or another. Harassment comes in many forms, some of which may not be considered illegal. However, when it does cross the line into illegal territory, it is absolutely crucial that you do everything you can to protect yourself from the harassment and to establish a record to accompany your harassment complaint when you decide to eventually file one.
If you are facing direct harassment, immediate steps should be taken. If the harassment is taking place in person, such as in the workplace or at school, leave the scene and go to a safe location. Do not engage the person harassing you, as this could escalate the situation. If the harassment is ongoing, such as someone constantly sending you threatening emails, then do not respond to any of these emails, as this will immediately establish just cause for the harassment to continue.
Additionally, if you feel like your safety is in jeopardy at any point, call 911 or otherwise enter a safe location (such as the nearest police station or moving to a place where there are numerous other people). When calling 911 or your local police department, be sure to state what the nature of the harassment is and its specific location. State whether or not you believe there is an immediate threat to your safety. Stay calm and be as clear as possible with your descriptions of the incident.
The next step is to document the harassment. In many cases, this can even be done at the same time that you report it to the police. Do not erase any voicemails, text messages, emails or anything else that might provide evidence of the harassment. In particular:
In addition to being able to administer any support or assistance you may need as a result of the harassment, such as obtaining a protective order or restraining order against the person harassing you, retaining the services of an experienced harassment and stalking attorney is the best way to ensure that the stalker or harasser is held accountable for their actions. Having a lawyer by your side is an important way for you to stay within the Indianan harassment laws.

Your employer’s obligations under Indiana law

Indiana employers have the responsibility to establish and maintain a workplace that is free from harassment. For this reason, the majority of Indiana employers have begun taking pro-active steps to combat harassment in the workplace by implementing an anti-harassment policy. Such policies typically require employees of all levels to immediately report any instance of harassment that occurs in the workplace. Employers are then obliged under the terms of such policy to thoroughly investigate any instance of alleged harassment and then take appropriate corrective action, if warranted.
However, it is not enough for employers to simply implement an anti-harassment policy because there are many state and federal laws that require employers to also conduct sexual harassment and sensitivity training for their employees and managers . In fact, many sexual harassment lawsuits could have been avoided altogether had employers taken the time to train their staff and provide them with an effective complaint procedure.
As recently as 2011, the Indiana General Assembly went so far as to enact Senate Bill 876 which requires employers with more than six employees to provide their employees with sexual harassment training as well as an anti-discrimination policy. SB 876 specifies that the training must include the definition and prohibition against sexual harassment under Indiana law; specific examples of sexually harassing conduct; a statement that sexual harassment will not be tolerated by the employer; an explanation of the employer’s policy against retaliation; and information on how an employee can report an incident of sexual harassment and any related complaints.