S.B. 141

1

TELEPHONE HARASSMENT AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Terry R. Spencer
5 This act modifies the Criminal Code by deleting language regarding the offense of telephone
6 harassment that has been found unconstitutional by the Utah Supreme Court.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-9-201, as last amended by Chapter 28, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-9-201 is amended to read:
12 76-9-201. Telephone harassment.
13 (1) A person is guilty of telephone harassment and subject to prosecution in the
14 jurisdiction where the telephone call originated or was received if with intent to annoy, alarm
15 [another], intimidate, offend, abuse, threaten, harass, or frighten [any person] another at the called
16 number [or recklessly creating a risk thereof], the person:
17 [(a) makes a telephone call, whether or not a conversation ensues;]
18 [(b)] (a) makes repeated telephone calls, whether or not a conversation ensues, or after
19 having been told not to call back, causes the telephone of another to ring repeatedly or
20 continuously;
21 [(c)] (b) makes a telephone call and insults, taunts, or challenges the recipient of the
22 telephone call or any person at the called number in a manner likely to provoke a violent or
23 disorderly response;
24 S [ [(d)] (c) makes a telephone call and uses any lewd or profane language or suggests any
25 lewd or lascivious act; ] s or
26 [(e)] S [ (d) ] (c) s makes a telephone call and threatens to inflict injury, physical harm, or damage
27 to any person or the property of any person.

28 (2) Telephone harassment is a class B misdemeanor.




Legislative Review Note
as of 1-11-01 1:53 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel