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§ 18.2-427 Use of profane, threatening, or indecent language over public airways or by other methods

Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor. “Over any telephone” includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device.

History

The record of this law’s original creation isn’t available online. It has been modified 7 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1964, chapter 577; in 1975, chapters 14 and 15; in 1976, chapter 312; in 1984, chapter 592; in 2010, chapter 565; in 2011, chapter 246.

Code 1950, § 18.1-238; 1960, c. 358; 1964, c. 577; 1975, cc. 14, 15; 1976, c. 312; 1984, c. 592; 2010, c. 565; 2011, c. 246.

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Court Decisions

Rives v. Com. (SCV, 06/07/12)
. . . 726 S.E.2d 248 (2012) . . .

Barson v. Com. (SCV, 06/07/12)
. . . 726 S.E.2d 292 (2012) . . .

Lofgren v. Commonwealth (COA, 11/03/09)
. . . 684 S.E.2d 223 (2009) . . .

Cody W. Brewer v. Commonwealth of Virginia (COA, 03/10/20)
. . . COURT OF APPEALS OF VIRGINIA . . .

Barson v. Commonwealth (COA, 07/05/11)
. . . HUMPHREYS, Judge. . . .

Allman v. Commonwealth (COA, 05/25/04)
. . . 596 S.E.2d 531 (2004) . . .

Larwan Badru Bonner v. Commonwealth of Virginia (COA, 07/23/13)
. . . UPON REHEARING EN BANC . . .

Carlton Shell v. Commonwealth of Virginia (COA, 10/28/14)
. . . FELTON, Chief Judge. . . .

Perkins v. Commonwealth (COA, 03/05/91)
. . . 402 S.E.2d 229 (1991) . . .

Bonner v. Commonwealth (COA, 12/11/12)
. . . HUMPHREYS, Judge. . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB2455: Indecent language;use thereof via computer with intent to harass, etc. (failed)

HB741: Telephone email or texting; use of indecent or threatening language, penalty. (passed)

HB2059: Telecommunications devices; prohibiting use of obscene language including electronic messages. (passed)

HB1072: Profane, threatening, or indecent language; use over public airways or by other methods. (failed)

HB2254: Unlawful dissemination of unsolicited obscene image of self to another; penalty.

HB2254: Unlawful dissemination of unsolicited obscene image of self to another; penalty. (failed)

HB1150: Live or recorded threats over public airways or by other means; penalty. (failed)

SB1298: Use of profane, threatening, etc., language over the telephone; repeated telephone contact, penalty. (failed)