A. Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his own, to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose, is guilty of a Class 3 misdemeanor. A second or subsequent conviction under this subsection is punishable as a Class 2 misdemeanor if such prior conviction occurred before the date of the offense charged.
B. Any person who, with or without intent to communicate but with intent to annoy, harass, hinder, or delay emergency personnel in the performance of their duties as such, causes a telephone to ring or other device to signal, which is owned or leased for the purpose of receiving communications by a public or private entity providing fire, police, or emergency medical services, and any person who knowingly permits the use of a telephone or other device under his control for such purpose, is guilty of a Class 1 misdemeanor.
Code 1950, § 18.1-238.2; 1962, c. 495; 1975, cc. 14, 15; 1989, c. 59; 1995, cc. 410, 478, 791; 2012, c. 133; 2015, cc. 502, 503; 2023, cc. 201, 202.
Notes of Decisions
Cited in
3
cases, 1988–2014 · leading case:
Russo v. White, 400 S.E.2d 160 (Va. 1991).
Russo v. White, 400 S.E.2d 160 (Va. 1991).
· cites it 8× “She asserted that in August 1987, defendant was convicted under Code § 18.2-429 of "`causing telephone to ring with intent to annoy,'" a misdemeanor.”
Shontrina Charon Fountain v. Commonwealth of Virginia, 764 S.E.2d 293 (Va. Ct. App. 2014).
· cites it 16× “Shontrina Charon Fountain challenges her conviction of misuse of the 9-1-1 system, in violation of Code § 18.2-429(B). She argues that the evidence fails to establish that she possessed the requisite intent “to annoy, harass, hinder or delay emergency personnel in the…”
Hermez v. O'Flaherty, 19 Va. Cir. 548 (Fairfax Cir. Ct. 1988).
· cites it 3× “The plaintiff, Elie Hermez, hired the defendant/attorney, Ian O’Flaherty, to represent him in Fairfax County General District Court for violations of Virginia Code Section 18.2-429, making telephone calls with intent to annoy.”
Va. Code Ann. § 18.2-429(B): 1 case
Shontrina Charon Fountain v. Commonwealth of Virginia, 764 S.E.2d 293 (Va. Ct. App. 2014).
“Shontrina Charon Fountain challenges her conviction of misuse of the 9-1-1 system, in violation of Code § 18.2-429(B). She argues that the evidence fails to establish that she possessed the requisite intent “to annoy, harass, hinder or delay emergency personnel in the…”
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