12 such a nature that they seriously alarmed the victim; (4) the conduct or speech, or series of acts, were of such a nature that they would cause a reasonable person to suffer substantial emotional distress; and (5) the defendant committed the conduct or speech, or series of acts, 'willfully and maliciously'" (citations omitted). Commonwealth v. McDonald, 462 Mass. 236, 240 (2012). Although this court has previously construed the criminal harassment statute, it has not yet considered its application to the type of conduct at issue here. An analysis of whether the defendants' actions amounted to criminal harassment necessarily includes the consideration whether their conduct satisfied the statutory requirements and whether they engaged in constitutionally protected speech. 1. Facial challenge. William argues that § 43A (a) is both unconstitutionally overbroad and vague. He contends that the statute is dangerously susceptible of application to constitutionally protected speech and is so vague that it leaves the public uncertain as to the conduct it prohibits. His challenge fails on two accounts. First, the claim is raised for the first time on appeal, and consequently is waived. Mass. 618, 632-633 (1989). See Commonwealth v. Dockham, 405 Although, as the defendant notes in his reply brief, we are nevertheless not prevented from