What is fine/penality for communications harassment?

Full Question:

What is fine/penality for communications harassment?
11/29/2007   |   Category: Criminal ยป Harassment   |   State: Alabama   |   #13087

Answer:

The following are Alabama statutes:

§ 13A-11-8. Harassment or harassing communications.

(a)(1) HARASSMENT. — A person commits the crime of harassment
if, with intent to harass, annoy, or alarm another person, he
or she either:

a. Strikes, shoves, kicks, or otherwise touches a person or
subjects him or her to physical contact.

b. Directs abusive or obscene language or makes an obscene
gesture towards another person.

(2) For purposes of this section, harassment shall include a
threat, verbal or nonverbal, made with the intent to carry out
the threat, that would cause a reasonable person who is the
target of the threat to fear for his or her safety.

(3) Harassment is a Class C misdemeanor.

(b)(1) HARASSING COMMUNICATIONS. — A person commits the crime
of harassing communications if, with intent to harass or alarm
another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by
telephone, telegraph, mail, or any other form of written or
electronic communication, in a manner likely to harass or
cause alarm.

b. Makes a telephone call, whether or not a conversation
ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such
other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business
telephone communications.

(2) Harassing communications is a Class C misdemeanor.

§ 13A-5-7. Sentences of imprisonment for misdemeanors and violations.

(a) Sentences for misdemeanors shall be a definite term of
imprisonment in the county jail or to hard labor for the
county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of
imprisonment in the county jail, not to exceed 30 days.

§ 13A-5-12. Fines for misdemeanors and violations.

(a) A sentence to pay a fine for a misdemeanor shall be for
a definite amount, fixed by the court, within the following
limitations:

(1) For a Class A misdemeanor, not more than $6,000;

(2) For a Class B misdemeanor, not more than $3,000;

(3) For a Class C misdemeanor, not more than $500; or

(4) Any amount not exceeding double the pecuniary gain to
the defendant or loss to the victim caused by the commission
of the offense.

(b) A sentence to pay a fine for a violation shall be for
a definite amount, fixed by the court, not to exceed $200, or
any amount not exceeding double the pecuniary gain to the
defendant or loss to the victim caused by the commission of
the offense.

(c) As used in this section, "gain" means the amount of
money or the value of property derived from the commission of
the crime, less the amount of money or the value of property
returned to the victim of the crime or seized or surrendered
to lawful authority prior to the time sentence is imposed.
"Value" shall be determined by the standards established in
subdivision (14) of Section 13A-8-1.

(d) The court may conduct a hearing upon the issue of
defendant's gain or the victim's loss from the crime
according to procedures established by rule of court.

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