Description

A person may be charged with Annoying Phone Calls who, with intent to annoy, telephones or makes contact by any means of an electronic communication device, another person and uses any obscene language or threatens to inflict injury to the person or to the person’s property. The courts struggles with the parameters of “”annoying”” or “”obscene””. Examples of activities which may trigger a charge for the crime of Annoying Phone Calls are a scorned lover sends disturbing texts showing pictures of homes burning or using the phone of another person to make explicit threats or an ex-wife makes 50 phone calls each day to her ex-husband.

What does the prosecutor have to prove?

1. Defendant telephoned or made contact by means of an electronic communication device with Victim.
2. Defendant addressed obscene language to or about Victim. or 2. Defendant addressed a threat to inflict injury to the person or property of Victim or a member of Victim’s family.
3. Defendant intended to annoy Victim.
4. Said telephone calls or electronic contacts were not made in good faith.

Punishment

Misdemeanor: 0-180 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No