My sister (under the age) got calls from her boyfriend saying that he was someone else and that he was watching her. He said the address and all of this kind of stuff. He then said that he was going to kill everyone in the house. We called the cops and an officer came out but all he said was that we could press charges for phone harassment if he called again. Shouldn't there already be charges for the harassment and threats?
2007-03-17 16:05:30 · 3 answers · asked by destruction 2 in Politics & Government ➔ Law Enforcement & Police
Depends on the laws where you live. Harrassment and stalking laws vary from state to state. You might want to ask an attorney where you live.
Report this to your phone company too. If it's a land line, the annoyance call bureau will help with this, and at least there will be evidence if he really tries to act on his threats. Also, make sure your sister gets a notebook and keeps a log of all contact she has with the guy. The date, the exact time of day, what he says word-for-word - all this stuff should be in there for future reference.
2007-03-17 16:09:29 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In my state, the phone threat is generally an element of the offense and it is a misdemeanor. In CA a felony violation (of PC 422) requires a level of immediacy that a phoned in threat is not likely to have.
Per the CA Attorney General in CPOLS:
The threat covered by section 422 --which may be made verbally, in writing, or by any type of electronic communication device--must "be so unequivocal, unconditional, immediate, and specific" that it is reasonable for the victim to believe it and think it may be carried out immediately. (Pen. Code, § 422.)"Immediately," however, has some flexibility in its meaning.
While one COULD make the case that these calls would qualify, this situation seems to indicate that it is a lesser offense of annoying and harassing calls.
However, different states may have different laws to cover this. Your state apparently holds this offense to be very similar to mine.
- Carl
2007-03-17 23:51:07 · answer #2 · answered by cdwjava 3 · 0⤊ 0⤋
Harrassment requires a repeated pattern of contact, after being told to stop further contact.
But yes, there might be grounds for charging him with making a threatening phone call -- the specifics depend on whatever local and state laws apply and how that crime is defined there.
2007-03-17 23:48:33 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋