Harassing or Obscene Phone Calls in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Fla. Std. Jury Instr. (Crim.) 8.30 (Elements) has five versions. The State must prove the one charged:

1. Obscene call (s. 365.16(1)(a)): you called a place where the person receiving the call had a reasonable expectation of privacy; during the call you made a comment, request, suggestion, or proposal that was obscene, lewd, lascivious, filthy, vulgar, or indecent; and you intended the call or language to abuse, threaten, or harass someone at that number.

2. Anonymous call (s. 365.16(1)(b)): you made a call, whether or not anyone talked; you did not disclose your identity; and you intended to abuse, threaten, or harass someone at that number.

3. Making a phone ring repeatedly (s. 365.16(1)(c)): you made or caused another person's phone to ring repeatedly or continuously, intending to harass someone at that number.

4. Repeated calls with conversation (s. 365.16(1)(d)): you made repeated calls during which conversation took place, and you made them solely to harass someone at that number.

5. Knowingly permitting (s. 365.16(2)): you knowingly let someone else use a phone under your control, knowing it was being or would be used for one of the calls above.

"Obscene" has a three-part legal definition: taken as a whole, it appeals to prurient interest under contemporary community standards; it describes listed sexual conduct in a patently offensive way; and it lacks serious literary, artistic, political, or scientific value.

Statute versus instruction: the statute also lists intent to "offend" or "annoy" for an obscene call, and to "annoy" for an anonymous call. The jury instruction lists only intent to abuse, threaten, or harass.

Penalties

• Second-degree misdemeanor: up to 60 days in jail and a $500 fine.
• The same penalty applies to knowingly letting your phone be used.
• The law does not apply to calls made in good faith in the ordinary course of business or commerce.

Common Situations

• Repeated calls after a breakup or during a custody dispute.
• Calls from a blocked or hidden number.
• Calls made by someone else from your phone.

Defense Themes

• Intent. Each version requires a specific intent. Calling to coordinate children, collect a debt in good faith, or resolve a real dispute is not the same as calling to harass.
• "Solely" to harass. For repeated calls with conversation, the calls must have been made solely to harass. A legitimate reason for the calls undercuts that element.
• Identity. Spoofed numbers and shared phones are common. Phone records show a number, not a person.
• Obscenity is a high bar. Rude or profane language is not automatically obscene under the legal definition.
• Free speech. Angry or offensive words are generally protected. The law targets conduct, such as repeated ringing or anonymous calls, done with the required intent.

What to Do First

1. Stop calling. Any further contact can make things worse or lead to a stalking charge.
2. Keep your call logs and messages. Do not delete anything.
3. If there is an injunction or a domestic-violence case, follow it exactly. See Domestic Violence Defense.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Do texts count?

This law is written about telephone calls. Repeated texts, emails, and social-media messages are more often charged under other laws, such as cyberstalking.

Can I be charged for calls my friend made from my phone?

Only if you knowingly let your phone be used, knowing it was being or would be used for those calls.