517.05 PROFANE SWEARING AND DRUNKENNESS.

   (EDITOR’S NOTE:  Former West Virginia Code 61-8-15 upon which Section 517.05 was based was repealed by Senate Bill 457, passed March 13, 2010.)

517.06 OBSCENE OR HARASSING TELEPHONE CALLS.

   (a)   No person with intent to harass or abuse another by means of telephone shall:

      (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 or her 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)   No person shall knowingly permit any telephone under his or her 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.

(WVaC 61-8-16)

517.07 INDECENT EXPOSURE.

   No person shall intentionally expose his or her sex organs or anus or the sex organs or anus of another person, or intentionally cause such exposure by another or engage in any overt act of sexual gratification, under circumstances in which the person knows that the conduct is likely to cause affront or alarm; provided, that it is not considered indecent exposure for a mother to breast feed a child in any location, public or private.

(WVaC 61-8-9)