Unlawful Use of Telephone, Part II

(Ed.Note: Judge Tom Alisankus has provided the statute details.)

Here is that statute--in its entirety--about unlawful use of a telephone. Both sections (1) and (2) can be heard in Municipal Court. You should note that where it discusses the penalties, a 'Class B misdemeanor' carries up to $1,000.00 fine, and/or 90 days in jail; where it says 'Class B forfeiture', there is no jail--just the $1,000.00 penalty. Of course, if the case is heard in Municipal Court, then the penalty is up to $1,000.00, unless the person doesn't pay w/in the prescribed period of time (usually 60 days, but can be anywhere from immediately--that same day in court--or, up to one year), in which case the Municipal Court can order incarceration in the county jail for up to 90 days for each offense.

Hope this helps your readers. We get about 1/2 dozen of these a year.

Tom

947.012 Unlawful use of telephone.

947.012(1)
(1) Whoever does any of the following is guilty of a Class B misdemeanor:

947.012(1)(a)
(a) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.

947.012(1)(b)
(b) With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

947.012(1)(c)
(c) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.

947.012(2)
(2) Whoever does any of the following is subject to a Class B forfeiture:

947.012(2)(a)
(a) With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

947.012(2)(b)
(b) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.

947.012(2)(c)
(c) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.

947.012(2)(d)
(d) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.

947.012(2)(e)
(e) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.


947.012 - ANNOT.