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  1. #1

    Default Could Texting Be Considered Harassment

    My question is for the state of Oregon.

    Hello, over the past year or so, I have gotten about 5-10 random texts from this person I know. They have also called me late at night and I let it go to my voicemail a few times. They don't say anything, it's almost like their phone called me by accident from their pocket. The texts are not threatening, just annoying. I think this person tends to call/text when they are out drinking.

    Basically, I am wondering if this is considered harassment? I have NOT asked them to stop - do I need to ask them to stop for it to be considered harassment?

    It is basically just annoying.

  2. #2
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    Feb 2007
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    Default Re: Could Texting Be Considered Harassment

    Quote Quoting dibugdi
    View Post
    My question is for the state of Oregon.

    Hello, over the past year or so, I have gotten about 5-10 random texts from this person I know. They have also called me late at night and I let it go to my voicemail a few times. They don't say anything, it's almost like their phone called me by accident from their pocket. The texts are not threatening, just annoying. I think this person tends to call/text when they are out drinking.

    Basically, I am wondering if this is considered harassment? I have NOT asked them to stop - do I need to ask them to stop for it to be considered harassment?

    It is basically just annoying.
    No. I would not consider this harassment. Try asking this person to STOP contacting you.

  3. #3

    Default Re: Could Texting Be Considered Harassment

    So for it to be considered harassment, they would have to be doing it AFTER I ask them to stop?

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Could Texting Be Considered Harassment

    If you do not know the person, have not spoken to them, and have not called them back during the day to ask them to stop calling or texting and ask them their identity, what do you think the police are likely to do?

    Lacking any intent to annoy or harass you, the police are not likely to do anything. And unless the phone number is public domain (and if YOU can't find the owner through Google or whitepages.com, or some other source) then the police won't know it either. The odds of them seeking a search warrant to obtain that information is slim to none, in this case.

    My suggestion would be to call the number and let the person at the other end know what is going on.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  5. #5

    Default Re: Could Texting Be Considered Harassment

    I do know who the person is. It's an old aquaintance of mine. So basically the only thing I can do is tell them to stop? If I called the cops with this complaint, would they laugh in my face?

  6. #6
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    California
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    Default Re: Could Texting Be Considered Harassment

    Quote Quoting dibugdi
    View Post
    I do know who the person is. It's an old aquaintance of mine. So basically the only thing I can do is tell them to stop? If I called the cops with this complaint, would they laugh in my face?
    They might not laugh, but they are not going to grab a detective and get right on it. They are more likely to call the guy and ask him to stop. Of course, you can do that, too.

    Since there is no established intent here, the police may not even take the report. I don't pretend to know the law in your state, but in mine where we DO have a statute for annoying and harassing communications, we would probably ask you if you know why he might be intentionally doing this. If there is no reason, and you believe it might be an accident, then the police here would probably not get involved.

    If this is an acquaintance of yours, perhaps it would benefit you both to just call him and ask him to stop calling or texting. Having the police call or stop by his home or business might just be a tad overkill.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  7. #7
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    Jan 2008
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    Toledo, OH
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    16,128

    Default Re: Could Texting Be Considered Harassment

    Quote Quoting dibugdi
    View Post
    I do know who the person is. It's an old aquaintance of mine. So basically the only thing I can do is tell them to stop? If I called the cops with this complaint, would they laugh in my face?
    5 - 10 texts in a YEAR? And a couple of likely butt-dials? You want to characterize that as harassment? Seriously?

    If you know the guy, why HAVEN'T you asked him to stop? The police have more important things to attend to than sorting out your social life. Tell the guy to delete your number, and move on.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  8. #8

    Default Re: Could Texting Be Considered Harassment

    Last night for instance I got 3 calls from them late at night. The voicemails were just loud background noise/music... Like a bar. I don't know if it was intentional or on accident. But regardless it is annoying. I haven't called them because I want nothing to do with them and I thought giving him attention might lead them on. But you think my only option to make it stop is to call them? It hasn't happened for about 3 months then last night outta the blue 3 calls and one txt that said "hi".

  9. #9
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    Toledo, OH
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    Default Re: Could Texting Be Considered Harassment

    But you think my only option to make it stop is to call them?
    How else is he supposed to know that he's occasionally butt-dialing you, and that you want him to stop?

    Don't waste law enforcement's time with this nonsense. Just call him and tell him to stop. Alternatively, contact your phone provider and ask about specific number blocking. But leave the cops out of it. They have actual crimes to tend to.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  10. #10
    Join Date
    Aug 2007
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    3,837

    Default Re: Could Texting Be Considered Harassment

    Quote Quoting dibugdi
    View Post
    My question is for the state of Oregon.

    Hello, over the past year or so, I have gotten about 5-10 random texts from this person I know. They have also called me late at night and I let it go to my voicemail a few times. They don't say anything, it's almost like their phone called me by accident from their pocket. The texts are not threatening, just annoying. I think this person tends to call/text when they are out drinking.

    Basically, I am wondering if this is considered harassment? I have NOT asked them to stop - do I need to ask them to stop for it to be considered harassment?

    It is basically just annoying.

    Until the person is actually instructed to stop, it is unlikely tortious or criminal, but 15 in a year seems more than coincidental, yes. Once told to stop, no further telecommunication is permitted.

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