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Have you been
charged with Obscene
Behavior ?
Have your rights in
been violated? Have you been falsely accused? We can help.
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immediately
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to your questions Find out
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Obscene
Behavior:
Obscene behavior
can constitute an array of misconduct. As
in any law you should contact a attorney
for legal advice.
Penal Code § 653m (2001) - Obscene, Threatening or
Annoying Communications
(a) 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.
(b) 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.
(c) Every person who makes
repeated telephone calls or makes repeated contact by means of an electronic
communication device with the intent to annoy another person at his or her place
of work is guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($ 1,000), or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment. Nothing in this
subdivision shall apply to telephone calls or electronic contacts made in good
faith. This subdivision applies only if one or both of the following
circumstances exist:
(1) There is a temporary restraining order, an injunction, or any other
court order, or any combination of these court orders, in effect prohibiting the
behavior described in this section.
(2) The person makes repeated
telephone calls or makes repeated contact by means of an electronic
communication device with the intent to annoy another person at his or her place
of work, totaling more than 10 times in a 24-hour period, whether or not
conversation ensues from making the telephone call or electronic contact, and
the repeated telephone calls or electronic contacts are made to the workplace of
an adult or fully emancipated minor who is a spouse, former spouse, cohabitant,
former cohabitant, or person with whom the person has a child or has had a
dating or engagement relationship or is having a dating or engagement
relationship. (d) Any offense committed by use of a telephone may be deemed
to have been committed where the telephone call or calls were made or received.
Any offense committed by use of an electronic communication device or medium,
including the Internet, may be deemed to have been committed when the electronic
communication or communications were originally sent or first viewed by the
recipient.
(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a return call and
performs the acts prohibited under subdivision (a), (b), or (c) upon receiving
the return call.
(f) If probation is granted, or the execution or
imposition of sentence is suspended, for any person convicted under this
section, the court may order as a condition of probation that the person
participate in counseling.
(g) For purposes of this section, the term
"electronic communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined in
Subsection 12 of Section 2510 of Title 18 of the United States Code.
Did
You Know?
- 90%
of the rapes and sex crimes
of children less than 12 years
old knew the offender, accodring
to police-recorded incident
data.
- Convicted
rape and sexual assault offenders
report that 2/3rd of their victims
were under the age of 18.
- State
felony court convictions, the
FBI's UCR arrests and National
Crime Victimization Surveys
all point to sex offenders being
older than other violent offenders,
generally in the early 30's.
Contact Us
immediately
for a FREE case evaluation and answers
to your questions Find out
if you have a case and what
to do if you do.
Criminal
Defense Attorney
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