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CRM 1500-1999

1980. Obscene Or Harassing Telephone Calls -- Jury Trial

Under 47 U.S.C. § 223(b)(2), which makes it a federal offense for any person, by means of a telephone, to knowingly make any obscene or indecent communication for commercial purposes to a minor or nonconsenting adult, the maximum penalty is six months in prison and a fine of $50,000. The offense is therefore a Class B misdemeanor, a petty offense, as defined in 18 U.S.C. § 3559(a)(7), and a defendant charged with violating this statute is not entitled to a jury trial.

[updated April 2000] [cited in JM 9-75.050]