Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Yes. In Ohio, a person can potentially be charged with telecommunications harassment even if they never threaten a person or that person’s property, or never use profanity or abusive language.
Many people mistakenly believe telecommunications harassment charges apply only to threatening phone calls, obscene messages, or anonymous prank calls. However, Ohio’s telecommunications harassment statute is much broader than many people realize.
Under Ohio law, repeated unwanted communication alone could lead to criminal charges.
Can Making a Telecommunication After Receiving a Notice to Cease Contact Result in a Criminal Charge?
Yes. Under Ohio law, repeated communications after someone clearly tells another person to stop contacting them can lead to criminal charges. Therefore, threats, intimidation, or abusive language are not necessarily required.
Ohio’s Telecommunications Harassment statute is found in Revised Code Section 2917.21.
Subsection (A)(5) states:
(A) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller:
(5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.
Allegations may arise from:
- Repeated texting, calling, emailing, social media posting or messaging after being blocked;
- Repeated calls after being told “Do not contact me again.”;
- Contacting someone through multiple phone numbers, emails, or social media accounts, or perhaps even fictitious or anonymous numbers or accounts; or
- Repeated unwanted messages sent over an extended period of time.
Many people are surprised to learn that a communication made after a clear demand to stop may result in a criminal charge and arrest.
Of course, every case is different. Context matters, intent matters, and not every unwanted communication constitutes a criminal offense or even one that would cause the police to charge someone.
In What Other Ways Can Telecommunications Harassment Charges Arise in Ohio?
While repeated unwanted contact is one basis for potential charges, Ohio telecommunications harassment allegations may involve:
threats;
- anonymous communications;
- repeated hang-up calls;
- spoofed phone numbers or prank calls;
- obscene or abusive messages;
- communications intended to harass or intimidate someone;
- repeated calls at inconvenient hours; or
- any telecommunication made with the purpose to abuse or threaten another person.
In many situations, what begins as an emotional disagreement or argument can unfortunately escalate into criminal charges.
We see these allegations arise in many different contexts, including but not limited to divorce and custody disputes, ex-relationships, debt collection disputes, workplace conflicts (often between a disgruntled former employee and their prior employer), political or social media disputes.
What Are the Penalties for Telecommunications Harassment in Ohio if Convicted?
Telecommunications harassment is ordinarily a first-degree misdemeanor (“M1”) in Ohio, meaning if convicted, a defendant faces up to 180 days in jail and a $1,000 fine. If convicted, a court could place someone on probation, which would usually entail some sort of corrective thinking course, mental health evaluation, or anger management, depending on the circumstances. Further, the court would almost certainly impose a no-contact order with the victim-recipient of the telecommunication as a term and condition of probation.
A telecommunications harassment offense can potentially be enhanced to a felony charge depending on whether the individual has a prior conviction for telecommunications harassment or whether economic harm was caused by the prohibited conduct.
If I’m Convicted of Telecommunications Harassment, Can I Seal or Expunge it From my Record?
Yes. Criminal convictions can of course create long-term consequences involving employment, professional licensing, housing, and firearm rights in certain situations.
That said, a telecommunications harassment conviction is a sealable and even an expungeable offense. The one exception to this would be if the victim is under the age of 13 or if it was a third-degree felony and the defendant has an additional, prior disqualifying felony on their record.
Contact Our Experienced Criminal Defense Lawyers at Rittgers Rittgers & Nakajima
If someone tells you to stop contacting them, you should stop immediately. Even if you believe you haven’t said anything wrong, continued communications themselves can be a crime after a clear warning to cease contact.
If you or someone you know has been charged with telecommunications harassment in Ohio, do not hesitate to contact the experienced criminal defense team here at Rittgers Rittgers & Nakajima at 513-496-0134. We offer free consultations.