Obscene or Harassing Phone Calls

Understanding Obscene or Harassing Phone Call Charges in Florida

In Florida, making obscene or harassing phone calls is a criminal offense under Florida Statute 365.16. Although the statute may appear vague, making a single phone call in anger can quickly lead to criminal charges, arrest, and prosecution, especially when law enforcement believes the caller meant to offend, threaten, or annoy the recipient.

This offense is more common than many people realize. Even if the statute seems vague, just one heated phone call can lead to criminal charges, arrest, and prosecution if officers believe you meant to offend, threaten, or harass the other party.

What the Law Says

According to the law, it is illegal to:

• Make a call to someone in a private location and say anything obscene, vulgar, or offensive with the intent to harass or threaten them.

• Call someone anonymously with the intent to annoy, threaten, or abuse them.

• Cause another person’s phone to ring continuously with the intent to harass.

• Make repeated calls, even if conversation takes place, solely to harass the other person.

Legal Defenses and What to Expect

To convict someone of making obscene or harassing phone calls, the prosecution must prove that:

1. The defendant knowingly made the call.

2. The intent was to harass, abuse, annoy, or offend the other person.

3. The call meets the legal definition of obscene or harassing communication.

A strong defense may include showing that the call lacked intent, that someone else used the phone in question, or that the content of the call does not meet the legal threshold for harassment.

Working with an experienced Sanford criminal defense attorney can help ensure your rights are protected. Your attorney will evaluate the details of the case, challenge the evidence, and advocate for your best outcome—whether that means case dismissal, reduced charges, or pre-trial diversion.

Contact a Criminal Defense Lawyer in Central Florida

If you’ve been arrested or charged with making obscene or harassing phone calls in Sanford, Orlando, or elsewhere in Central Florida, contact Attorney Ryan Yadav today. Available 24/7 for free consultations, our office is committed to helping you protect your rights, your name, and your future.