An accusation that you’ve made obscene threats or otherwise committed harassment by telephone can mean serious consequences.
Although the first time you are charged with this crime is a misdemeanor, a conviction can have adverse affects on your life, including imprisonment of up to one year.
If this is your second time being accused of this crime, you can face more than one year in prison.
What you Have Been Accused of
The crime of obscenity, threats or harassment by telephone is very broad and encompasses a wide range of behavior. Oklahoma criminalizes anyone who does any of the following (Ok. Stat. Tit. 21 Sec. 1172):
- Makes any comment, request, suggestion, or proposal, which is obscene, lewd, lascivious, filthy, or indecent.
- Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person.
- Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death.
- Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number.
- Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section.
- In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).
Proving the Crime of Harassment by Telephone
If charged with making obscene threats or harassment by telephone, the prosecutor will accuse you of engaging in one of the above behaviors.
In particular, the prosecutor will need to prove that you acted with the intent to threaten or harass the other person.
The prosecutor must also prove that your conduct met the definition of the accused behavior (i.e. that your comments were actually obscene or indecent.)
Initial Consultation: Tulsa Criminal Defense Lawyer
A charge of making an obscene threat or harassment by telephone in Tulsa can result in jail time and hundreds of dollars in fines.
If you or someone you know is faced with this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at 918-256-3400, or toll-free at 1-888-447-7262.