Florida Statute 365.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 365
USE OF TELEPHONES AND FACSIMILE MACHINES

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F.S. 365.16

365.16 Obscene or harassing telephone calls.—

(1) Whoever:

(a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;

(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;

(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or

(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number,

is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be preceded by the word “warning.” The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.

(4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section.

(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.

History.—ss. 1, 2, ch. 63-51; s. 1, ch. 69-25; s. 276, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 2, ch. 79-270; ss. 2, 4, ch. 80-275; s. 550, ch. 95-148.

F.S. 365.16 on Google Scholar

F.S. 365.16 on Casetext

Amendments to 365.16

Arrestable Offenses / Crimes under Fla. Stat. 365.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

S365.16 1a - OBSCENE COMMUNICATION - PHONE CALL - M: S

S365.16 1b - HARASSING COMMUNICATION - PHONE CALL - M: S

S365.16 1c - HARASSING COMMUNICATION - CAUSE ANOTHERS PHONE TO RING REPEATEDLY - M: S

S365.16 1d - HARASSING COMMUNICATION - REPEATED PHONE CALLS - M: S

S365.16 2 - HARASSING COMMUNICATION - PERMIT OBSCENE OR HARASSING PHONE CALLS - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 365.16

Total Results: 19

Cohen v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

Citation: 171 So. 3d 179, 2015 Fla. App. LEXIS 11340, 2015 WL 4546950

Snippet: called number, in violation of Florida Statutes 365.16(l)(a). Based upon this new misdemeanor arrest

H.L.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-08-05

Citation: 83 So. 3d 750, 2011 Fla. App. LEXIS 12304

Snippet: concur. . § 784.048(5), Fla. Stat. (2008). . § 365.16(l)(b), (d), Fla. Stat. (2008). . Rule 8.140.

Avrich v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-08-23

Citation: 936 So. 2d 739, 2006 Fla. App. LEXIS 14034, 2006 WL 2422824

Snippet: expectation of privacy, in violation of section 365.16(l)(a), Florida Statutes (2004). Counts 10-37 charged

Durie v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-02-25

Citation: 901 So. 2d 171, 2005 Fla. App. LEXIS 2234, 2005 WL 433326

Snippet: attorney general, allegedly in violation of section 365.16(1), Florida Statutes (2001). We conclude that the

Inquiry Concerning A Judge, No. 98-222, re Brown

Court: Supreme Court of Florida | Date Filed: 1999-09-16

Citation: 748 So. 2d 960, 24 Fla. L. Weekly Supp. 427, 1999 Fla. LEXIS 1557

Snippet: harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former daughter-in-law

In Re Brown

Court: Supreme Court of Florida | Date Filed: 1999-09-16

Citation: 748 So. 2d 960, 1999 WL 731668

Snippet: harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former daughter-in-law

Seybel v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-05-07

Citation: 693 So. 2d 678, 1997 Fla. App. LEXIS 4940, 1997 WL 228682

Snippet: prohibiting harassing telephone calls, section 365.16, rather than under the felony statute for aggravated

Gilbreath v. State

Court: Supreme Court of Florida | Date Filed: 1995-02-02

Citation: 650 So. 2d 10, 1995 WL 37647

Snippet: court that expressly declares to be valid section 365.16(1)(a), Florida Statutes (1991), 629 So.2d 962.

Gilbreath v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-12-22

Citation: 629 So. 2d 962, 1993 Fla. App. LEXIS 12544, 1993 WL 533869

Snippet: conviction for “obscene or harassing telephone calls.” § 365.16(l)(a), Fla.Stat. (1991). Of the several issues

Florida Bar v. Helinger

Court: Supreme Court of Florida | Date Filed: 1993-06-17

Citation: 620 So. 2d 993, 18 Fla. L. Weekly Supp. 347, 1993 Fla. LEXIS 1021, 1993 WL 209150

Snippet: making obscene phone calls in violation of section 365.16(l)(d), Florida Statutes (1989), and was sentenced

Stoddard v. Wohlfahrt

Court: District Court of Appeal of Florida | Date Filed: 1991-02-07

Citation: 573 So. 2d 1060, 1991 WL 11701

Snippet: the violation of section 365.16, Florida Statutes (1987). Section 365.16 makes it a second-degree misdemeanor

Stall v. State

Court: Supreme Court of Florida | Date Filed: 1990-10-11

Citation: 570 So. 2d 257, 1990 WL 154236

Snippet: lascivious, filthy, or indecent" over the telephone. § 365.16(1)(a), Fla. Stat. (1977). The decision in Keaton

P.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-07-25

Citation: 453 So. 2d 470, 1984 Fla. App. LEXIS 14257

Snippet: harassing telephone calls in violation of section 365.-16, Florida Statutes (1981). Appellant argues that

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-07-08

Snippet: LAW ENFORCEMENT AGENCY WITHIN THE PURVIEW OF s 365.16(4), F.S.? (2) IS A MUNICIPAL POLICE DEPARTMENT

State v. Elder

Court: Supreme Court of Florida | Date Filed: 1980-04-03

Citation: 382 So. 2d 687

Snippet: section 365.16(1)(b), Florida Statutes (1977). The issue presented is whether section 365.16(1)(b), which

State v. Keaton

Court: Supreme Court of Florida | Date Filed: 1979-05-10

Citation: 371 So. 2d 86

Snippet: Appellee was charged by information under section 365.16(1)(a), Florida Statutes (1977),[1] with making

Armstrong v. Southern Bell Tel. & Tel. Co.

Court: District Court of Appeal of Florida | Date Filed: 1979-01-03

Citation: 366 So. 2d 88

Snippet: receiving harassing telephone calls. Florida Statute 365.16 proscribes the use of a telephone to annoy, abuse

Malone v. Howell

Court: Supreme Court of Florida | Date Filed: 1939-11-17

Citation: 192 So. 224, 140 Fla. 693, 1939 Fla. LEXIS 1176

Snippet: of one's office (23 Wend. [N. Y.] 606; 1 N.Y. 365; 16 N.Y. 439, 442), and is distinguished from virtue

Henry v. Spitler

Court: Supreme Court of Florida | Date Filed: 1914-03-03

Citation: 67 Fla. 146, 64 So. 745

Snippet: Casualty Association, 135 Wis. 505, 115 N. W. Rep. 365, 16 L. R. A. (N. S.) 177. The authorities upon each