Telephone harassment in Oklahoma is illegal. Also, using the telephone to make lewd or obscene remarks to a person is constituted as stalking and harassing behavior and is prohibited. If you’re facing charges, talk to a Tahlequah attorney right away.
What Is Telephone Harassment In Oklahoma?
It is illegal to:
- willfully use a telephone or other electronic communication device to
- make indecent or otherwise obscene comments, suggestions, or requests;
- harass, intimidate or threaten another; and
- threaten or put someone else in fear of injury or death.
Okla. Stat. tit. 21 § 1172
The law prohibits the making of any statement which is obscene, lewd, lascivious, filthy, or indecent. You may not make or facilitate such a call.
This law applies to telephones and cell phones. Also, it applies to texts, voicemails, faxes, emails, and posts on social media or another electronic platform or app. Repeated calls are a type of harassment and are prohibited as well.
The statue does not, however, prohibit mere ungenteel or vulgar language.
A comment or remark is obscene under the statute if:
- the average person applying contemporary community standards would find that the comment or remark, taken as a whole, appeals to the prurient interest;
- it depicts or describes sexual conduct in a patently offensive way; and
- taken as a whole, it lacks serious literary, artistic, political, or scientific value.
OUJI-CR 4-32A
Thus, if the comment pertains to sexual acts or practices, or has obvious sexual connotations, it is probably prohibited under the statute.
Penalties
The first conviction under this law is treated as a misdemeanor in Tahlequah. You could spend up to a year in jail, pay a fine of up to $500, or both. Okla. Stat. tit. 21 § 10
If convicted of a felony count, you could spend up to two years in prison, pay a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 9
If you or a loved one are facing charges for obscenity, threats, or harassment by telephone, get the help you need today.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with obscenity, threats or harassment by telephone in Oklahoma.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll-free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
