S.B. 141 Enrolled

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