Expert: Jack Toomey - 7/21/2007

Question
QUESTION: Ok, I have been calling one of my friends who I met in the beginning of summer for a while now. I am only 17. Here is the thing, I use to talk to her a lot when we first met. One night very late around 2:00 am in the morning I called her on my mothers cell phone and she did not anwser. The next morning she called back around 7 or 8 and My mother told her not to call her phone again. Ever since then, every time I call her mother would tell me not to call so late. Now this is her cell phone and I didn't really think it would be problem to call late during summer time. I would call late around 1 and 2 every once in a while, And her mother would always pick up the girls cell phone and tell me not to call so late. I called once more last night and now she wants to file a harassment charge against me. I have never said ANYTHING thats a threat, prank call, or did anything that was rude or obscene. Now I have only called late at night of about 5 total times. My question is, can she file harassment charges on this account? And if she can what should I do.

ANSWER:    Many people do not realize that there are fifty states with fifty different sets of laws.  What might be considered harrassment in one state might not be harrassment in another state.  In MY state if you have been warned not to call a certain phone number and you continue to do it it could be considered misuse of the telephone.  You might not even have such a law in your state but my advice would be to simply stop calling this person.

---------- FOLLOW-UP ----------

QUESTION: Well I live In Texas. And I was warned not to call late at nite only. Im going to stop calling this person, but do you see any harassment in this?

Answer
Jeremy,

   I can't tell you whether it is harrassment or not because of the reasons I told you in my original answer.  If you continue to call you could later say that I gave you permission to keep calling.  My advice remains the same.  Actually you should be getting the advice of your parents on matters like these.