Oklahoma, like all other states, has statutes prohibiting the transmitting of any sort of harassing communication via telephone. The telephone harassment Oklahoma statute covers a number of different types of communications including harassment, obscenity, and threats in Tulsa.
What is Telephone Harassment Oklahoma?
Harassment, obscenity, and threats by telephone are expressly forbidden. Here are other things that the statute prohibits. You may not:
- make any suggestion, comment, or proposal which is obscene, lewd, lascivious, or indecent;
- communicate via telephone or other electronic communication with the intent to frighten, intimidate, harass, or threaten any injury or other harm to the person or property of that person;
- make any communication with the intent to put the other person in fear of physical harm or death;
- make any communication without disclosing your identity and with the intent to annoy, harass, threaten, or abuse the person called;
- make repeated calls or other electronic communications with the intent of annoying or harassing the recipient of the calls;
- nor may you in concert with others make repeated or simultaneous communications with the purpose of harassment;
- likewise, you may not permit or facilitate any communication that is in violation of this statute.
Okla. Stat. tit. 21 § 1172
For the purposes of the statute against telephone harassment Oklahoma, communication includes telephone calls, emails, instant messaging, fax machine, and pagers.
Some typical examples of this kind of harassing behaviors include: calling anonymously, calling repeatedly, calling in the middle of the night, using obscenities, failing to hang up the phone, or causing the phone to ring continuously. This is a type of harassing or stalking behavior in Tulsa.
Telephone harassment Oklahoma includes all sorts of cyber bullying behaviors. Such harassment is also prohibited on social media sites such as Facebook and Twitter.
Penalties
The first conviction under the statute is treated as a misdemeanor in Tulsa, but a subsequent conviction will be charged and treated as a felony. If convicted, you could spend a year or more in jail.
Elements of Proof Required
Like all crimes, telephone harassment Oklahoma has certain elements that a prosecutor must prove in order to secure a conviction.
The prosecutor must prove that the communication or communications were made via electronic means; that they were made with intent to threaten, harass, or were lewd or indecent; and that the communication met the level of prohibited conduct. If any of these elements are not met, there can be no conviction.
An experienced Tulsa criminal defense attorney can help you understand what defenses may be available to you and can help you navigate through the court system.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know is charged with telephone harassment Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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