Relationships with people close to us are not always enjoyable. In the heat of a dispute over the phone or other electronic media, you could send a threatening text, email, or other communication. This is telephone harassment in Oklahoma, which is a crime.
Therefore, it is critical to watch what you send through electronic means to others — since a fleeting moment of anger when you send a wrong communication may cause you to do time in prison. Oklahoma laws are rather harsh if you get convicted of threatening another by any electronic means or sending obscene communications.
Defining Telephone Harassment In Oklahoma City
Sending obscene, lascivious, lewd, indecent, or filthy communication to another person is a crime, irrespective of the electronic method used to send the message. It is also a crime to make an electronic or other communication to another person with the intent to terrify the recipient, intimidate, or put them in fear of death or physical harm.
You will be charged with obscenity, threats, or harassment by telephone if you make a call to another person to annoy, intimidate, or harass, whether or not a conversation ensues. Making repeated calls to another person either alone or in concert with others to harass or annoy in any way the person receiving the communication is also considered a crime in Oklahoma City.
You could be charged if you allow others to use electronic and other telecommunication means under your control to harass, threaten, or making obscene suggestions to another.
Burden Of Proof
The prosecutor must prove the following elements beyond a shadow of a doubt to obtain a conviction for this crime.
- Willfully
- using an electronic communication device
- to make a suggestion, comment, request, or proposal which
- is not merely vulgar or ungenteel, but is obscene.
Obscenity is determined by:
- if an average person applying contemporary community standards to the proposal, comment, suggestion, or request and taking it as a whole would find it appeals to the prurient interest;
- depicting sexual conduct offensively; and
- if taken as a whole, has no reasonable scientific, political, artistic, or literary value.
OR
Making any electronic communication with the intention of harassing, intimidating, terrifying, or threatening to inflict physical harm or injury to a person or the property of a person.
OR
Making electronic communication to put the recipient in fear of physical harm or death.
OR
Making electronic communication without disclosing the identity of the caller or sender, and
with the intention of harassing, threatening, abusing, or annoying the person who receives the electronic communication.
Penalties If Convicted
Obscenity, threats, and harassment by telephone is tried as a misdemeanor in Oklahoma City. Penalties, if convicted, can involve spending up to a year in county jail. The defendant does not have the option of paying a fine for this crime. Thus, you need the help of a qualified Oklahoma City criminal defense attorney.
If arraigned in court for a second time for obscenity, threats, and harassment by telephone, a defendant faces felony charges. Penalties for a second conviction are up to a year in prison.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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