H. B. 2319
(By Delegates Pettit and Love)
[Introduced March 1, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section sixteen, article eight,
chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
threatening telephone calls.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article eight, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-16. Obscene, anonymous, harassing, repeated and
threatening telephone calls; penalty.
(a) It shall be unlawful for any person with intent to
harass or abuse another by means of telephone to:
(1) Make any comment, request, suggestion or proposal which
is obscene; or
(2) Make a telephone call, whether or not conversation
ensues, without disclosing his identity and with intent to harassany person at the called number; or
(3) Make or cause the telephone of another repeatedly or
continuously to ring, with intent to harass any person at the
called number; or
(4) Make repeated telephone calls, during which conversation
ensues, with intent to harass any person at the called number; or
(5) Threaten to commit a crime against any person or
property, or to intimidate or attempt to intimidate any person by
the use of terroristic threats.
(b) It shall be unlawful for any person to knowingly permit
any telephone under his control to be used for any purpose
prohibited by this section.
(c) Any offense committed under this section may be deemed
to have occurred at the place at which the telephone call was
made, or the place at which the telephone call was received.
(d) Any person who violates any provision of this section
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not more than five hundred dollars, or imprisoned
in the county jail not more than six months, or both fined and
imprisoned.
Note: The purpose of this bill is to make the use of a
telephone for purposes of threats and intimidation a misdemeanor.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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