573.100. Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions
It’s a crime to send obscene or indecent messages by phone for business
If someone uses a phone to send sexual or gross messages for business reasons—either live or by recording—they can be charged with a crime. It doesn’t matter who started the call, and repeat offenses are more serious.
1. Definitions:
- (1) “Indecent”: Language or material about sexual or bathroom topics that most people would find clearly offensive.
- (2) “Obscene”: A message is considered obscene if:
- (a) It mainly appeals to sexual thoughts in a way most people would find inappropriate,
- (b) It clearly shows or talks about sexual things in an offensive way, and
- (c) It has no real artistic, political, or educational value when viewed as a whole.
2. A person commits a crime if they, for business purposes:
- Use the phone (live or recorded) to send an obscene or indecent message; or
- Allow a phone they control to be used for these kinds of messages.
It’s still a crime even if they didn’t make the call but sent the message.
3. This is a class A misdemeanor. If the person has done it before, it becomes a class E felony. Each violation counts as its own separate crime.
4. Phone companies are not responsible if their networks are used for this kind of messaging.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
