Criminal Defense in Your Neck of the Woods
The crime of making an obscene or harassing phone call is one of the more vague statutes on the books. Nonetheless, if you are charged with an obscene or harassing phone call arrest and criminal prosecution will ultimately follow. At times a heated phone call with a significant other will land an otherwise law abiding person behind bars. A competent and aggressive lawyer is needed to make sure (1) The State can prove intent and (2) prove the Defendant even made the phone call to begin with, Florida Statute 365.16 states:
Any person who:
1 (a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;
(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number, is guilty of a second degree felony.
(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree.
Contact Sanford Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been arrested for the crime of Obscene or Harassing Phone Calls.