§ 11-05-170. Generally—Malicious use of telephone.

(a)

It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person. It shall also be unlawful for any person to attempt by telephone to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.

(b)

The use of obscene, lewd or profane language or the making of a threat or statement as set forth in paragraph (a) of this section shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.

(c)

Any offense committed by use of a telephone as set forth in this section shall be deemed to have been committed within the city if committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

(Code 1960, § 6-2-18)

State law reference

Similar provisions, N.M.S.A. § 30-27-1.