poppy talk

[clark kent]

What is the name of your state (only U.S. law)? West Virginia in May this year I sent a guy a text message "I want to suck your **** ,I `ll also pay you $50.00 dollars if you let me" Well this guy went to the police and they came to my home and took my deposition.5 months later there was a warrant for my arrest they took me to the county jail and I was released the next evening posting bail and 3 weeks later I got a notice to appear in magistrate court 01/25/2010 charges are : Solicitation And Phone Harassment ,both are given as Misdemeanors . I have a prior Phone harassment 21 years ago. I was wanting to know what the punishment might be .Would I have to do jail time as part of my punishment .what do you think would be the total punishment . Please give me an answer so I can relax. Thankyou

 

[FlyingRon]

Read the last line of the statute:

§61-8-16. Obscene, anonymous, harassing, repeated and threatening telephone calls; penalty.


(a) It shall be unlawful for any person with intent to harass or abuse another by means of telephone to:
(1) Make any comment, request, suggestion or proposal which is obscene; or
(2) Make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to harass any person at the called number; or
(3) Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(4) Make repeated telephone calls, during which conversation ensues, with intent to harass any person at the called number; or
(5) Threaten to commit a crime against any person or property.
(b) It shall be unlawful for any person to knowingly permit any telephone under his control to be used for any purpose prohibited by this section.
(c) Any offense committed under this section may be deemed to have occurred at the place at which the telephone call was made, or the place at which the telephone call was received.
(d) Any person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned.

 

[FlyingRon]

And for the solicitation

(b) Any person who shall engage in prostitution, lewdness, or assignation, or who shall solicit, induce, entice, or procure another to commit an act of prostitution, lewdness, or assignation; or who shall reside in, enter, or remain in any house, place, building, hotel, tourist camp, or other structure, or enter or remain in any vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation; or who shall aid, abet, or participate in the doing of any of the acts herein prohibited, shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than sixty days nor more than six months, and by a fine of not less than fifty dollars and not to exceed one hundred dollars; and upon conviction for the second offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred dollars and not to exceed two hundred fifty dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one year nor more than three years.