8.30 [HARASSING] [OR] [OBSCENE] TELEPHONE CALL[S] [OR] KNOWINGLY PERMITTING [HARASSING] [OR] [OBSCENE] TELEPHONE CALL[S]

To prove the crime of (name of crime), the State must prove the following [two] [three] elements beyond a reasonable doubt:

Give as applicable.

§ 365.16(1)(a), Fla. Stat.

1. (Defendant) made a telephone call to a location at which the person receiving the call had a reasonable expectation of privacy.

2. During the call, (defendant) made a comment, request, suggestion, or proposal that was obscene, lewd, lascivious, filthy, vulgar, or indecent.

3. At the time, (defendant’s) call or language was intended by [him] [her] to abuse, threaten, or harass any person at the called number.

§ 365.16(1)(b), Fla. Stat.

1. (Defendant) made a telephone call, whether or not conversation ensued.

2. During the call, (defendant) did not disclose [his] [her] identity.

3. At the time, (defendant) had the intent to abuse, threaten, or harass any person at the called number.

§ 365.16(1)(c), Fla. Stat.

1. (Defendant) made or caused the telephone of another to repeatedly or continuously ring.

2. At the time, (defendant) had the intent to harass any person at the called number.

§ 365.16(1)(d), Fla. Stat.

1. (Defendant) made repeated telephone calls during which conversation ensued.

2. (Defendant) made the calls solely to harass any person at the called number.

§ 365.16(2), Fla. Stat.

1. (Defendant) knowingly permitted any telephone under [his] [her] control to be used by another person.

2. (Defendant) did so knowing that the telephone was being or would be used to:

Give as applicable.

a. make a telephone call to a location at which the person receiving the call had a reasonable expectation of privacy during which the caller makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent with the intent to abuse, threaten, or harass any person at the called number.

b. make a telephone call, whether or not conversation ensues, without disclosing his or her identity, with the intent to threaten or harass any person at the called number.

c. make or cause the telephone of another to repeatedly or continuously ring with the intent to harass any person at the called number.

d. make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number.