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.
History:
[18-6710, added 1980, ch. 326, sec. 2, p. 841; am. 1994, ch. 167, sec. 5, p. 376.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 67 - COMMUNICATIONS SECURITY
Section 18-6701 - DEFINITIONS.
Section 18-6702 - INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS PROHIBITED.
Section 18-6704 - CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES.
Section 18-6706 - AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6708 - PROCEDURE FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6709 - RECOVERY OF CIVIL DAMAGES AUTHORIZED.
Section 18-6711A - FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES.
Section 18-6712 - PLACE OF OFFENSE.
Section 18-6713 - THEFT OF TELECOMMUNICATION SERVICES.
Section 18-6714 - AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES.
Section 18-6715 - FORGERY OF TELEGRAPHIC MESSAGES.
Section 18-6716 - OPENING TELEGRAMS.
Section 18-6717 - REFUSAL TO SEND OR DELIVER TELEGRAPH MESSAGE.
Section 18-6718 - OPENING SEALED MAIL OR PACKAGES.
Section 18-6719 - DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 18-6720 - GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION.
Section 18-6721 - APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6722 - ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6723 - ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE.