MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Endt

AN ACT TO AMEND SECTION 97-29-45, MISSISSIPPI CODE OF 1972, TO ESTABLISH A MISDEMEANOR OFFENSE FOR ANNOYING TELEPHONE CALLS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-29-45, Mississippi Code of 1972, is amended as follows:

97-29-45. (1) It shall be unlawful for any person or persons:

(a) To make any comment, request, suggestion or proposal over a telephone which is obscene, lewd or lascivious with intent to abuse, threaten or harass any party to a telephone conversation;

(b) To make a telephone call, with intent to terrify, intimidate or harass, and threaten to inflict injury or physical harm to any person at the called number or to his property;

(c) To make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to * * * abuse, threaten or harass any person at the called number;

(d) To make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number;

(e) To make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or

(f) Knowingly to permit any telephone under his control to be used for any purpose prohibited by this section.

(2) Any person who shall be convicted of a violation of subsection (1) of this section shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned in the county jail not more than six (6) months, or shall suffer both such fine and imprisonment, or shall be sentenced to the custody of the Department of Corrections for not more than two (2) years. Any person violating this section may be prosecuted in the county where the telephone call, conversation or language originates in case such call, conversation or language originates in the State of Mississippi. In case the call, conversation or language originates outside of the State of Mississippi then such person shall be prosecuted in the county to which it is transmitted.

(3) It shall be a misdemeanor offense for any person to make a telephone call with intent to annoy any person at the called number. Any person convicted of a violation of this subsection shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than six (6) months or both. The judge ruling on a violation of this subsection shall have the discretion to determine if a person should be convicted under this subsection or subsections (1) and (2).

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.