18-6710 — USE OF TELEPHONE TO ANNOY, TERRIFY, THREATEN, INTIMIDATE, HARASS OR OFFEND BY LEWD OR PROFANE LANGUAGE, REQUESTS, SUGGESTIONS OR PROPOSALS -- THREATS OF PHYSICAL HARM -- DISTURBING THE PEACE BY REPEATED CALLS -- PENALTIES


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 67
                           COMMUNICATIONS SECURITY
    18-6710.  USE OF TELEPHONE TO ANNOY, TERRIFY, THREATEN, INTIMIDATE, HARASS
OR OFFEND BY LEWD OR PROFANE LANGUAGE, REQUESTS, SUGGESTIONS OR PROPOSALS --
THREATS OF PHYSICAL HARM -- DISTURBING THE PEACE BY REPEATED CALLS --
PENALTIES. (1) Every person who, with intent to annoy, terrify, threaten,
intimidate, harass or offend, telephones another and (a) addresses to or about
such person any obscene, lewd or profane language, or makes any request,
suggestion or proposal which is obscene, lewd, lascivious or indecent; or (b)
addresses to such other person any threat to inflict injury or physical harm
to the person or property of the person addressed or any member of his family,
or any other person; or (c) by repeated anonymous or identified telephone
calls whether or not conversation ensues, disturbs the peace or attempts to
disturb the peace, quiet, or right of privacy of any person at the place where
the telephone call or calls are received, is guilty of a misdemeanor and upon
conviction thereof, shall be sentenced to a term of not to exceed one (1) year
in the county jail. Upon a second or subsequent conviction, the defendant
shall be guilty of a felony and shall be sentenced to a term of not to exceed
five (5) years in the state penitentiary.
    (2)  The use of obscene, lewd or profane language or the making of a
threat or obscene proposal, or the making of repeated anonymous telephone
calls as set forth in this section may be prima facie evidence of intent to
annoy, terrify, threaten, intimidate, harass or offend.
    (3)  For the purposes of this section, the term "telephone" shall mean any
device which provides transmission of messages, signals, facsimiles, video
images or other communication between persons who are physically separated
from each other by means of telephone, telegraph, cable, wire or the
projection of energy without physical connection.