Frequently Asked Questions (FAQ's)

 

Information on Harassing Phone Calls

 

Harrassing, Annoying or Obscene Phone Calls:

 

We will all occasionally fall prey to the prank telephone call, which are usually generated by bored youths.  However, when calls become threatening, repetitive or obscene and the caller intends them to disturb the listener, this can be a criminal matter.  If you are receiving such phone calls, there are a number of options you might consider.  First you will want to acquaint yourself with what the law has to say on this matter.  There are at least two state penal code violations that are commonly associated with these types of offenses.  One is a misdemeanor and the other is a felony.  You will find these listed below, along with some additional tips as to how you can dissuade the caller and begin building a criminal case in court should it come to that.

 

California Penal Code Section 653 m (excerpts):

1. Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.  Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
2. Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with intent to annoy another person at his or her residence, is, whether or not conversation ensues from making the telephone call or electronic contact, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

California Penal Code Section 422 (excerpts): Criminal Threats

 

Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

 

Tips for those of us who receive harassing/annoying phone calls.

• Consider keeping a writing tablet and pen next to the telephone.     When you receive a call, document the time, date and brief synopsis of what the caller had to say.  Attempt to identify the caller.  This log may be admissible in court as documentary evidence should the caller be identified.
• Keep a whistle next to the telephone.  A shrill and extremely loud whistle can be quite painful to the caller.
• Subscribe to a caller ID service.  This may help to identify the phone number from which the call was generated.  Follow up investigation may identify the caller him/herself.
• Try answering the telephone “South Lake Tahoe Police Department, this is Officer Thomas, how may I help you”?  If it is the harassing caller, feel free to convince them that a criminal investigation has been initiated into these calls, and that the police are now intercepting the calls to this number.
• If the caller persists, or is particularly threatening, you may opt to call the police to generate a crime report. 
• Notify your telephone company of the crime report and provide them with a case number.  They will put a “trap” on your line and notify the police of all calls received at your number.  The police will compare this list of incoming calls to the phone log you will be keeping.  This will be an obvious and effective investigative tool.
• Another option, of course, is to change your telephone numbers.  We would recommend however that this be one of your final options to consider.  This is usually accompanied by having to notify others of your new number, and does not necessarily preclude the harassing caller from learning it again.
• If a crime report is initiated and a suspect identified, be prepared and fully resolved to follow through with criminal prosecution entirely.   

 



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