Making indecent and harassing phone calls is a criminal offence that involves using telecommunications to harass, alarm, or offend someone.
Making Indecent and Harassing Phone Calls: Criminal Code Definition
This offence is defined under Section 372 of the Criminal Code.
False information
372 (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.
Indecent communications
(2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication.
Harassing communications
(3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication.
Elements of Making Indecent and Harassing Phone Calls
To prove this offence, the Crown must establish:
- The identity of the accused.
- The date and nature of the communications.
- That the communications were indecent, harassing, or alarming.
- That the accused intended to harass or alarm the recipient.
Potential Penalties for Making Indecent and Harassing Phone Calls
Penalties for making indecent and harassing phone calls can vary:
- Summary Conviction: Up to 6 months in prison and/or a fine.
- Indictable Offence: Up to 2 years in prison.
Defences Available for Making Indecent and Harassing Phone Calls
Possible defences against makaing indecent and harassing phone calls charges include:
- Mistaken Identity: Proving that someone else made the calls.
- Lack of Intent: Demonstrating that the calls were not meant to harass or alarm.
- Consent: Showing that the recipient consented to the nature of the calls.
Speak to a Criminal Lawyer Today
Facing charges for making indecent and harassing phone calls requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
