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How many calls constitute phone harassment?

Waldorf, MD |

The recipient answered the first call but hung up - never said anything about not calling back. They didn't answer the second call so my friend left a very brief, non-threatening message. Is that considered harassment?

Message left during second call. Only two.

Attorney Answers 3


  1. likely depends on the message and the larger context of the three calls.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. There is no set number of calls. The Maryland harassment statute is below. What you described does not sound like harassment.

    3-803. Harassment.


    (a) Prohibited.- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

    (1) with the intent to harass, alarm, or annoy the other;

    (2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

    (3) without a legal purpose.

    (b) Exception.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

    (c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

    This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. An attorney-client relationship is not established with me until a retainer agreement is signed and/or a retainer or fee is paid. If you wish to schedule a consultation, you may contact me at 410-821-2910 or e-mail me at sscherr@fslawoffice.com. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.


  3. The context could help determine if the receiver of the phone calls would reasonably perceive the phone calls as harassment. For example, is the receiver the mistress of the caller's husband? Or is the receiver a teacher of a child and the parent is trying to find out how the child is doing at school? There are other factors regarding the context which would help a prosecutor to determine if this case is worth pursuing or if it is not worth the trouble.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.

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