He pled guilty to the charge of telephone harassment and received a six month suspended sentence.
Richard went to trial last week in the 15th Judicial District Court in the courthouse in Abbeville. But before the trial began, he decided to take a plea bargain if three of his charges were dropped.
State attorney Stanton Hardee agreed to drop two counts of terrorizing and a count of cyperstalking if he would accept the plea.
Hardee said it was a case of break up gone bad. The victim and Richard had a relationship and the two broke up.
He kept calling the girl, who was living in another state at the time.
Richard will be on two years supervised probation and has to pay $500 for court cost. He is also told to stay away from the victim for two years.
When Does a Phone Call Rise to the Level of Harassment?
Telephone harassment occurs when someone intends to annoy, harass or threaten you by:
• Making a telephone continually ring
• Making lewd, indecent, or obscene comments, suggestions or requests over the telephone
• Making a telephone call where the caller does not identify himself
• Making repeated telephone calls where the conversation consists only of harassment
• Making a telephone call and using heavy breathing or silence with an intent to intimidate.
He was first charged with cyberstalking.
Cyberstalking is the action of any person to accomplish any of the following:
• Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person’s child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
• Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
• Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify, or harass.