Obscene Phone Calls

In the state of Massachusetts, it is illegal to make obscene telephone calls. In the terms of the law, a person may be charged with a crime in connection to these calls if they are obscene in nature or are meant to harass the other person on the line. While this may seem like a clear and simple law, the reality is that the state must prove a very distinct set of criteria.

To learn more about your rights under the law if you have been charged with making obscene telephone calls, contact Massachusetts sex crimes lawyer James Powderly at 508-343-0676 today.

Proving Guilt

Part of the difficulty involved when a prosecutor wants to pursue a charge of obscene or harassing phone calls is a matter of evidence. Although modern technology includes options to reveal a call’s identity, this information may not be sufficient to gain a guilty verdict. Similarly, it may take substantial cooperation with a phone company or a police department to gather enough evidence to even being to present a case. In part, this is due to the following definitions of an obscene or harassing call:

  • There must be three or more instances
  • Harassing calls must be made distinctly to harass a person
  • Obscenity must offend the average person
  • Obscenity cannot contain literary, artistic, political, or scientific value

If a case is brought against an individual, the punishments may be significant. The maximum penalty includes a $500 punitive fine and up to three months in jail.

Contact Us

As these charges can potentially cause a defendant to face prison time as well as carry the charge on their criminal record, a person standing trial under allegations of obscene phone calls should consider legal assistance. Contact Massachusetts sex crimes attorney James Powderly today by calling 508-343-0676.

Interview with a Former DUI Client