Orlando Harassing Phone Calls Defense Attorney

According to Florida Statute 365.16 Harassing Phone Calls is a crime defined as making a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number.

If the intent of the Harassing Phone Calls is related to the intent of causing harm as described above, the caller need only to call and not disclose identity or call repeatedly to face charges in some instances.

If a person allows another person to use their phone for purpose of making Harassing Phone Calls, that person may also face criminal charges.

Elements of Harassing Phone Calls

In order to obtain a conviction for Harassing Phone Calls in any form, Orange County prosecutors must prove four factual elements beyond a reasonable doubt:

  • Defendant made a telephone call;
  • To a location at which the person receiving the call had a reasonable expectation of privacy;
  • During the call, defendant made any comment, request, suggestion or proposal that was considered obscene, lascivious, lewd, filthy, vulgar or indecent;
  • By using such language, defendant intended to annoy, offend, harass, abuse or threaten the person on the receiving end of the call.

As mentioned above, Harassing Phone Calls could also be established by proving:

  • Defendant calls another repeatedly;
  • These repeated calls and continuous ringing are carried out with the intention to harass persons on the other end of the line.

Harassing Phone Calls could additionally be proven by establishing:

  • Defendant made a telephone call (regardless of whether a conversation ensued);
  • Defendant did not disclose his or her identity to the recipient of the call;
  • Defendant intended to abuse, annoy, harass or threaten any person reached at that number.

Finally, Harassing Phone Calls could be proven by establishing:

  • Defendant makes repeated phone calls;
  • Conversation ensues;
  • Defendant’s sole intention in doing so is to harass the person on the other end.


Harassing Phone Calls is a second degree misdemeanor. It may result in:

  • Up to two months in jail;
  • Up to two months probation; and
  • Up to a $500.00 fine.

Possible Defenses

Harassing Phone Calls charges can be combated on several different levels. The terms and words that make up the statute regarding Harassing Phone Calls have been refuted to help clear the names of the accused in Florida Courts. There are also situations where good faith mistakes are brought to court under these charges.


If you find yourself standing accused of Harassing Phone Calls you need to be sure you have a good lawyer on your side. Harassing Phone Call charges can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.