Telephone Misuse in Maryland: Section 3-804 Penalties & Defenses

Telephone misuse in Maryland is a misdemeanor under Section 3-804 of the Criminal Law Code, covering anonymous harassing calls, repeated calls made with intent to harass, and obscene or indecent telephone communications. A conviction carries up to three years in jail, a fine of up to $500, or both.¹

What Section 3-804 Prohibits

The statute reaches three distinct categories of telephone conduct:

Making an anonymous call that a reasonable person would expect to annoy, torment, harass, or embarrass someone.
Making repeated calls with the intent to annoy, torment, harass, or embarrass another person.
Using a telephone to make obscene, lewd, or indecent comments, requests, or suggestions.

Each category treats intent differently, and the difference matters. For an anonymous call, the test is objective: would a reasonable person expect it to harass or embarrass? For repeated calls, prosecutors must prove the caller’s subjective intent to harass. For obscene calls, the content itself is the violation, regardless of how many times the caller dialed.¹

A single non-anonymous call that wasn’t meant to harass generally won’t trigger the statute. The law separates genuinely unwelcome conduct from ordinary communication that someone happens to find irritating. Even one anonymous call can qualify, though, if its content or context would reasonably be expected to harass.

One limit on scope: the statute applies to “telephone facilities or equipment.” Whether that reaches text messages, messaging apps, or social media is not spelled out in the statutory text. When alleged conduct goes beyond traditional calls, prosecutors sometimes rely on other statutes in Subtitle 8 instead.

Penalties

Telephone misuse is a misdemeanor, but the sentencing ceiling is high for a misdemeanor: up to three years of imprisonment, up to $500 in fines, or both.¹

Where a sentence lands within that range depends on the facts. Judges typically weigh prior offenses, the number of calls, whether the calls escalated into threats, and the impact on the person receiving them. A handful of annoying calls to a former coworker is not sentenced the way dozens of obscene calls to a stranger over several months would be.

How Long Prosecutors Have to Charge

Maryland generally requires misdemeanor charges to be filed within one year of the offense.² Section 3-804 is not among the exceptions, so the one-year clock applies. Anyone facing an accusation older than that should raise the limitations period with counsel immediately. Anyone receiving harassing calls should report them without waiting, because the window closes faster than many people expect.

Common Defenses

The most frequent defense is a challenge to intent. On the repeated-calls prong, prosecutors have to prove the caller actually meant to harass. Someone who called several times for a legitimate reason, such as coordinating childcare or following up on a work matter, can argue the calls lacked the required intent. Persistence and harassment look different, and the difference usually turns on context and credibility.

On the anonymous-call prong, the defense can focus on the reasonable-person standard. A blocked number used once as a prank between friends is a different situation from a series of anonymous calls to someone who has already asked the caller to stop.

First Amendment arguments sometimes appear, but the path is narrow. A statute can be struck down as overbroad if it punishes a substantial amount of protected speech, and Maryland’s related harassment statute explicitly bars application that would infringe constitutional rights.³ Obscene calls and calls made specifically to harass have generally been treated as outside First Amendment protection, so free-speech defenses rarely carry the day in telephone misuse cases.

When Related Charges Apply Instead or On Top

Section 3-804 sits next to two statutes that cover overlapping conduct, and prosecutors sometimes charge them alongside or in place of telephone misuse.

Harassment Under Section 3-803

Maryland’s general harassment statute reaches a pattern of conduct that alarms or seriously annoys another person, provided it was done with intent to harass, continued after a reasonable request to stop, and serves no legal purpose. It also covers following someone or conducting visual surveillance of a private area of their home.³ When harassing calls are part of a broader course of conduct, prosecutors can charge under 3-803 rather than, or in addition to, 3-804.

Penalties under 3-803 are lower on paper: up to 90 days in jail and a $500 fine for a first offense, rising to 180 days and $1,000 for a second or subsequent conviction. The statute carves out peaceable political activity and bars application that would infringe constitutional rights.³

Stalking Under Section 3-802

When telephone misuse is part of a larger pattern of pursuing or surveilling someone, the conduct can rise to stalking under Section 3-802. Stalking involves a malicious course of conduct that includes approaching or pursuing another person, and the penalties are steeper than for telephone misuse or simple harassment. Repeated calls combined with showing up at a workplace, following someone, or monitoring their movements open the door to a stalking charge.

Federal Charges That Can Stack On

Maryland’s statute covers conduct within the state, but federal law can add a second layer when calls cross state lines or use interstate telecommunications infrastructure.

47 U.S.C. § 223

Under 47 U.S.C. § 223, it is a federal crime to use a telephone in interstate or foreign communications to make obscene or harassing calls, including anonymous calls intended to annoy and repeated calls aimed at harassing a specific person. A conviction can bring up to two years in federal prison, a fine, or both. For commercial obscene calls, civil fines can reach $50,000 per violation, with each day of violation counted separately.⁴

18 U.S.C. § 2261A (Interstate Stalking)

Using electronic communications across state lines to harass, intimidate, or place another person in reasonable fear of serious bodily injury or death can bring federal stalking charges. Penalties escalate with the outcome: up to five years in most cases, up to ten years when a dangerous weapon is involved or serious bodily injury results, and up to life imprisonment if the victim dies.⁵

If You Are the One Receiving the Calls

Report harassing calls to local law enforcement as soon as possible. The one-year limitations period means waiting can cost you the ability to press charges. Bring documentation: a log of dates, times, and call durations, screenshots of caller ID, any voicemails or recordings, and notes on what was said. The clearer the pattern, the easier it is for investigators to build a case and for prosecutors to meet the statute’s requirements.

Peace Orders

Telephone misuse is specifically listed as a qualifying ground for a peace order in Maryland District Court, alongside harassment and stalking. A peace order is separate from a protective order, which is reserved for people in certain domestic relationships.⁶

To start the process, file a Petition for Peace Order (form DC-PO-001) with the clerk at a District Court during business hours. When courts are closed, file with a District Court Commissioner’s office, which operates around the clock. The petition must be filed within 30 days of the act you’re reporting.⁶

If a commissioner finds sufficient grounds after hours, they can issue an interim order lasting about two days and set a date for a temporary hearing. If you file with a court clerk during business hours, a judge may issue a temporary order lasting seven days. A final hearing follows, where both sides can present testimony and evidence. A peace order can prohibit the respondent from contacting you, which gives police a concrete enforcement tool if the calls continue.

1
Maryland General Assembly. Maryland Criminal Law Code Section 3-804 – Misuse of Telephone Facilities and Equipment
2
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 5-106
3
Maryland General Assembly. Maryland Code Criminal Law 3-803
4
Office of the Law Revision Counsel. 47 USC 223 – Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications
5
Office of the Law Revision Counsel. 18 US Code 2261A – Stalking
6
Maryland Courts. Family Fact Sheet – Peace Orders