Just a little educational tool for some and FYI for those who feel the need to continuously call people as a means to prank or harrass.
What is Telephone Harassment?
The Federal Communications Act and many state laws prohibit telephone harassment. Telephone harassment occurs when someone intends to annoy, harass, or threaten you by:
*Making a telephone continually ring
*Making lewd, indecent, or obscene comments, suggestions, or requests over the telephone
*Making a telephone call without identifying himself
*Making repeated telephone calls where the conversation consists only of harassment
People who commit telephone harassment are subject to fines, prison or both.
What Factors are There to Consider?
Not all telephone calls amount to harassment. Several factors to consider in deciding whether there is harassment include:
The timing of calls. For example, calling in the middle of the night may suggest harassment.
The frequency of calls. For repeated calls, the calls must be thought of as one sequence. Calls spread out over a long period might not count as harassment.
Whether the call includes threats to kidnap or injure.
The caller does not have to speak. Heavy breathing can count as an annoyance or harassment.
The conversation does not have to be lewd or obscene. Extreme repetition can count as harassment. For example, calling to voice a complaint over and over may be harassment.
Are There Any Exceptions?
Courts have been hesitant to make criminal cases out of family disputes, political squabbles, and business matters. If the calls come from someone you know, a restraining order may be an appropriate solution. Also, comments made during a moment of anger may not count as obscene.
Should I Contact a Lawyer if I am Accused of Telephone Harassment?
If you are accused of telephone harassment, you should contact a criminal lawyer to learn more about your rights, defenses, and the complicated legal system.
Should I Contact a Lawyer if I am a **** of Telephone Harassment?
If you are a **** of harassment, you should contact the police. If the police can identify the caller and find sufficient evidence, they will forward the case to the District Attorney's office to prosecute the caller. The phone company can also help track down the caller. A lawyer can help determine if the caller's words are obscene and if you are entitled to any civil damages, such as emotional distress, as well.http://www.legalmatch.com/law-library/article/telephone-harassment.html
Sweety, others are being harrassed by this person in the pursuit of getting my phone number so they can harrass me as well. But I was smart enough to look up my rights and if the nicca dares to call me, charges will be pressed.
I already know who he is, he's a pretty popular guy on this site.
Bravo! Work, Megan! That was a really good presentation. It is a pretty complicated legal system...very complicated. Hopefully, if people start wanting to call peeps they will know what and not to do. But from cases I've seen and been through, it is very hard to prove the caller harrassed the people he/she is calling. Because in most cases its just friends going at it with each other or lovers and one gets mad and decides to want to call the police in the midst of anger. But very good post.
^Keep telling yourself that.
When it's a lover or close friend, you're right, it's harder to say it's harrassment. But receiving 11 unwanted missed calls and voicemails from people you don't know is harrassment and against the law.
And thanks, I try. :wink:
now that is some BS right there.
what the hell is telephone harassment?
if someone is "harassing" you on the phone.. HANG UP! DAMN!
if they keep calling, ... ok, maybe repeat calls qualify as harassment.
but come the hell on, "heavy breathing can count as an annoyance or harrassment"? my brother does heavy breathing when he sleeps at night, but i can't hang up on him or call the FCC
informative post. but... good lord.
