Under Ohio law, R.C. 2917.21 defines certain types of phone calls, electronic communications, or online postings that can be illegal. This statute is usually going to apply when these certain communications are used to harass, threaten, intimidate, or abuse another person. The statute includes various definitions, specific conduct that is prohibited and sets out criminal penalties, exceptions, and definitions. If you’ve been charged with telecommunications harassment in Ohio, contact our criminal defense attorneys for a free consultation.
Prohibited Conduct Under R.C. 2917.21(A) and (B)
ORC 2917.21(A) and (B) list the specific behavior that would qualify as illegal telecommunication harassment under Ohio law when it is done so knowingly and with improper intent. Each numbered subsection is a different type of harassment.
(A)(1) Harassing, intimidating, or abusive calls, even if no one answers. Calling someone just to harass or intimidate them (even if they never pick up) is prohibited.
(A)(2) Sexual communications after being told to stop. If someone tells you not to make sexual comments or calls anymore, and you keep doing it, that’s prohibited conduct.
(A)(3) Calls that violate Ohio’s menacing law. If your call amounts to criminal threats or menacing under another law, it also violates this statute.
(A)(4) Threats to damage or destroy property connected to the recipient. If someone calls another person and threatens to damage property that they or their family own, work at, protect, or insure, this section is violated.
(A)(5) Calling after being told not to contact a person or location. If someone tells you not to call them or their home anymore, calling again is harassment.
(A)(6) Threatening, obscene, or coercive comments made to harass. Threatening, intimidating, or obscene remarks made over the phone or electronically to harass someone are prohibited.
(A)(7) Interrupting someone’s phone service without a valid business reason. The caller can’t intentionally mess with someone’s phone service unless they have a legitimate reason.
(A)(8) Sending communications that block phone or electronic device use. Sending files or messages that stop someone from using their phone or device is prohibited.
(A)(9) False statements about serious matters made to harass. It is prohibited to knowingly lie about things like crimes, sexual behavior, illness, or death to harass someone or their family.
(A)(10) Encouraging others to harass someone. It is a violation to recruit or urge other people to harass someone.
(A)(11) Calling at inconvenient hours in an offensive or repetitive way. Repeated late-night or inconvenient calls made to alarm someone are illegal if there’s no good reason.
Subsection (B) extends the law’s prohibitions beyond just telephone calls and specifically includes internet content. This section broadens the law beyond phone calls to include internet content with general harassment intent.
(B)(1) Any telecommunication made with intent to harass, threaten, or abuse. Any call or message made specifically to harass or threaten someone is illegal, even if it doesn’t fit a specific category above.
(B)(2) Posting text, audio, or images online to harass. You can’t post content online meant to harass, threaten, or abuse another person.
Penalties for Telecommunications Harassment in Ohio
Telecommunications harassment is a criminal offense under Ohio law that carries with it criminal penalties depending on a number of factors. The penalties are established under R.C. 2917.21(C). The first major factor is whether or not the accused is a repeat offender. If the individual is charged and this is their first telecommunications harassment offense, the offense is a first-degree misdemeanor. If it is a second or subsequent offense, it is charged as a fifth-degree felony. In cases involving property-damage threats the penalties increase based on the amount of economic harm. This can escalate the charge up to a third-degree felony for very high losses. Most harassment cases start as misdemeanors, but repeat offenses or serious property threats can become felonies.
Exceptions Under Ohio’s Telecommunications Harassment Rules
Under 2917.21(D), Telecom and internet providers are not liable for helping law enforcement when they comply with a court order. Phone and internet companies can’t be sued or charged for cooperating with investigations under a court order. Under 2917.21(E), Internet Service Providers and platforms have certain protections. Providers aren’t responsible for content they didn’t create. They may voluntarily block harmful content but they are not required to block content unless another law requires them to do so. These protections under Ohio law do not apply, however, if the platforms help create or distribute illegal content. Internet providers aren’t liable just for hosting content, but they lose protection if they actively help illegal harassment. Under Under 2917.21(F), journalists and media workers are exempt when acting within their professional roles. This means that news reporting and journalism aren’t harassment when done as part of legitimate media work. Under R.C. 2917.21(H), the law does not prohibit lawful debt-collection calls that comply with federal law. Legitimate debt collection calls are allowed if they follow federal rules.
Dennis P. Sawan
