Telecommunications harassment is the charge for a phone call, a text thread, or a series of messages that the recipient says were meant to abuse, threaten, or harass. It is a first-degree misdemeanor the first time and a fifth-degree felony the second. Most of these cases come out of a breakup, a co-parenting dispute, or a neighbor feud, and the evidence is the messages themselves, which cut both ways.
The statute, Ohio Revised Code 2917.21, covers more than phone calls. Texts, emails, social media messages, and posts all count as telecommunications, and the statute lists several ways to violate it: contacting someone with purpose to abuse, threaten, or harass them; continuing to contact someone after being told to stop; making a threat against a person or their property; and a few others. The element in every version is purpose. The state has to prove what the sender intended, and it usually tries to do that by handing the judge the recipient's screenshots.
Telecommunications harassment may involve:
These cases turn on intent and on the full exchange, not on isolated messages. Context that seems obvious to you is often absent from the complaint. Speak with one of our attorneys about what the record in your case actually shows. Consultations are free and confidential.
The grade depends on the prior record and on what the message said. A first offense is a first-degree misdemeanor. A second is a fifth-degree felony, which is a bigger jump than most misdemeanors carry, and the reason a first offense should not be pled quickly.
Additional penalties may apply if the offense involves:
Four issues decide most of these cases.
Stop contacting the person. Not to apologize, not to explain, not to ask them to drop it. Every message after the complaint is a new count, and if a protection order or a bond condition is in place, it is a separate crime. Then save your side of the entire conversation, not screenshots of part of it. The complaint was built from the other person's selection of the messages; the defense is built from the rest of them.
The Law Offices of Brian J. Smith, ltd. defends telecommunications harassment charges in municipal and common pleas courts across Northern Ohio. The first thing we do is get the full thread from both sides and read it in order. Consultations are free and confidential.
The attorneys at The Law Offices of Brian J. Smith, ltd. provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.