There are a number of types of phone calls that constitute "Unlawful use of telephone". Unlawful calls could be harassing, threatening, obscene, or may not have any conversation at all. The nature of the call would determine the penalty.
Generally, there are two types of calls. In the first type, the caller may know the victim, and is attempting to harass, frighten, or intimidate the victim. The second often involves a person unknown to the victim who randomly places calls. In the second type of call, the caller often is trying to elicit some type of a reaction from the victim, such as: fear, anger, embarrassment, etc....
Tips for reducing the risk of being victimized by harassing phone calls:
Don't talk to strangers on the phone and be careful when the caller says he/she is taking a survey. If you have doubts about the caller's identity, ask for their name and number and say you will call back after you verify the authenticity of the survey.
- Don't stay on the phone after you've determined it is an improper call. While you are on, listen for background noises, or noticeable speech patterns or the voice of the caller, but do not stay on the phone just to try to figure out the identity of the caller.
- Avoid listing you name on your answering machine greeting.
- Use caution when placing newspaper ad, try to avoid placing your address in the ad.
- Caller ID units and answering machines can be used to "screen" telephone calls. Not all calls will be indicated on a Caller ID.
What to do if you receive a harassing call:
- Hang up as soon as you determine that you've received an improper call. Hang up calmly, resist the temptation to slam the phone down on the receiver.
- Listen for background noises or details in the caller's voice, but do not stay on the phone just to do this.
- Keep a pad of paper near the phone to write down the day, date, time, and nature of the call.
- You may report these types of calls to your local police agency.
- Most telephone companies have a nuisance or threatening phone call bureau that you can contact for guidance.
- Have a supply of extra cassette tapes for your answering machine, so you can retain the tape of an improper call.
