Harassing Telephone Calls

Many U.S. children entertain themselves by making “prank” phone calls. And these calls are certainly annoying to the people who receive them. What these children do not know is that making “harassing telephone calls” is a crime in California.

This may sound like a joke, but it is not funny. Harassing people with phone calls or sending certain kinds of annoying text messages or emails is a misdemeanor that can lead to a person being convicted in the county jail.

But for this to happen it requires the use of obscene language or threats, or otherwise it would be a series of repeated harassing phone calls.

The bad news is that it is not always easy to know what kind of obscene language or threats may give rise to criminal liability for harassing telephone calls. This means it can be difficult for someone in advance to understand whether what they are doing is a crime.

As we mentioned before, one can be found guilty under Penal Code PC 653M for calling or contacting someone on multiple occasions, using obscene language, or making threats on the phone or via electronic communication. If the prosecution’s theory is that you used obscene language, you may be able to argue that the content was not actually obscene at all.

People who use phones or electronic communication devices to harass, annoy, or threaten others often suffer from some kind of mental or emotional issue. In these cases, the accused may be able to avoid conviction by using the insanity defense in California.