Chapter 21: Crimes And Punishments


Article 41: Crimes Against The Public Peace

Statute 21-4113: Harassment by telephone. (a) Harassment by telephone is use of telephone communication for any of the following purposes:

      (1)   Making or transmitting any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;

      (2)   making a telephone call, whether or not conversation ensues, or transmitting a telefacsimile communication with intent to abuse, threaten or harass any person at the called number;

      (3)   making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;

      (4)   making repeated telephone calls, during which conversation ensues, or repeatedly transmitting a telefacsimile communication solely to harass any person at the called number;

      (5)   playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or

      (6)   knowingly permitting any telephone or telefacsimile communication machine under one's control to be used for any of the purposes mentioned herein.

      (b)   Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING."

      (c)   Harassment by telephone is a class A nonperson misdemeanor.

      (d)   As used in this section, "telephone communication" shall include telefacsimile communication which is the use of electronic equipment to send or transmit a copy of a document via telephone lines.

      History:   L. 1969, ch. 180, § 21-4113; L. 1976, ch. 158, § 1; L. 1992, ch. 298, § 79; L. 1993, ch. 291, § 145; July 1.