A. It shall be unlawful for a person who, by means of a telephone,
1. Makes any comment, request, suggestion, or proposal which is
obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telephone call, whether or not conversation ensues, with
intent to put the party called in fear of physical harm or death;
3. Makes a telephone call, whether or not conversation ensues, without
disclosing his identity and with intent to annoy, abuse, threaten, or
harass any person at the called number;
4. Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section; and
5. In conspiracy or concerted action with other persons, makes
repeated calls or simultaneous calls solely to harass any person at
the called number(s).
B. Use of a telephone facility under this section shall include all
use made of such a facility between the points of origin and
reception. Any offense under this act is a continuing offense and
shall be deemed to have been committed at either the place of origin
or the place of reception.
C. Except as provided in subsection D of this section, any person who
is convicted of the provisions of subsection A of this section, shall
be guilty of a misdemeanor.
D. Any person who is convicted of a second offense under this section
shall be guilty of a felony.