1979
Special Considerations in Obscene or Harassing
Telephone
Calls
|
Past experience has indicated that approximately one-third of offending
callers are mentally ill. United States Attorneys presented with cases
involving
such individuals should explore with defense counsel the possibility of
voluntary
submission to psychiatric treatment by the accused. If he/she does agree to
undergo such treatment, a stern warning and declination of prosecution may
be
considered. Another third of all calls are juvenile pranksters. Cases
involving
juveniles may, in the discretion of United States Attorneys and in
conformity
with the Federal Juvenile Delinquency Act (see 18 U.S.C. Sec. 5031
et
seq.), be appropriately handled under diversion programs. As a
practical
matter, almost all matters referred to the United States Attorneys involve
repeated calls; therefore, it is recommended that when a violation of this
statute is alleged, the defendant should be charged under 47 U.S.C. §
223(a)(1)(E) rather than 47 U.S.C. § 223(a)(1)(A) (obscene phone
calls).
United States Attorneys can expect to receive occasional complaints
from
citizens who have received annoying and harassing telephone calls or
messages by computer. If such a call or message is received, it is
suggested that:
- The citizen be informed of the jurisdictional requirements
of the
statute;
- The citizen be referred to the telephone company for possible
verification
of the calling number and notification of federal authorities by the
telephone
company if a violation of a federal law has occurred; and
- The citizen be advised that the telephone company may protect him/her
from
receiving harassing calls either by changing the telephone number or by
intercepting and identifying all persons attempting to call his/her present
number.
[updated April 2000] [cited in USAM 9-75.050] | |