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VA SB1298

VA SB1298
Use of profane, threatening, etc., language over the telephone; repeated telephone contact, penalty.


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Use of profane, threatening, etc., language over the telephone; repeated telephone contact; penalty. Creates a Class 6 felony for 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 to (i) the same person 50 or more times within a 48-hour period or (ii) two or more family or household members of a person 50 or more times within a 48-hour period.

AI Summary

This bill amends Virginia law to expand and clarify provisions related to harassing telephone communications. The bill defines new terms like "over any telephone" to include electronically transmitted communications and introduces the term "robocall" to mean automated phone calls with prerecorded messages. It establishes two levels of offense: a Class 1 misdemeanor for using obscene, threatening, or indecent language with intent to harass, and a more serious Class 6 felony for making 50 or more calls to the same person within 48 hours or 50 or more calls to multiple family or household members of a person within 48 hours. The bill also creates a rebuttable presumption that using robocalls to make such communications is intended to coerce, intimidate, or harass. These changes aim to provide stronger legal protections against persistent, harassing telephone communications by increasing potential penalties for repeat offenders and expanding the definition of harassing communication to include modern communication technologies.

Committee Categories

Justice

Sponsors (1)

Last Action

Passed by indefinitely in Courts of Justice (8-Y 6-N) (on 01/27/2025)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/SB1298
BillText https://lis.virginia.gov/bill-details/20251/SB1298/text/SB1298SC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1298) https://lis.blob.core.windows.net/files/1024024.PDF
Fiscal Note/Analysis - Impact statement from VCSC (SB1298) https://lis.blob.core.windows.net/files/1019331.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1298/text/SB1298
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