“Hey, It’s Sam”: Why Annoying Phone Calls Aren’t Always a Crime

By: John Guidry

Every now and then, my law firm is retained to defend an Obscene or Harassing Telephone Call case. This is not the most popular charge on earth (nobody likes a pest), but it is interesting law. The Reality: It is much tougher to prove than most people realize.

The Statute (F.S. 365.16): The law states that a person is guilty of a misdemeanor if they:

“(b) Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass.”

The Loophole: Did you catch the bold part? A violation of this section only exists if the caller does not identify himself.

• Example: If an old boyfriend calls 50 times and says, “Hey, it’s Sam, call me,” that is not a harassing phone call under this section because he disclosed his identity. (It might be Stalking, but it’s not a violation of this statute).

Charged with Harassing Calls during a bad breakup?

Don’t let a romance gone wrong become a criminal record. Call John today at (407) 423-1117.

The Business Loophole: Avrich v. State

There is another massive exception in the law: Section (5) states that the law does not apply to calls made in “good faith in the ordinary course of business.” (This is how bill collectors avoid jail).

But what if the “business” line is in your private home? In Avrich v. State, 936 So. 2d 739 (3rd DCA 2006), the defendant made harassing calls to a victim’s home.

• The Twist: The victim ran a comic book business out of his house. The phone number he answered was published as his Business Line.
• The Charge: The State argued that because the phone was inside his private home, he had a “Reasonable Expectation of Privacy.”

The Ruling: The Court overturned the conviction. They ruled that an expectation of privacy does not extend to a business, even if that business is located in your living room.

“Although the victim may enjoy a reasonable expectation of privacy in his home, that expectation is not extended to his business… We find insufficient evidence because the defendant only made calls to the victim’s business telephone line.”

The Lesson: If you publish your number for commerce, you lose some of the privacy protections that criminal laws usually provide.

John’s 2026 Update: Spoofing & Cyberstalking

Note: In 2006, Avrich made voice calls. In 2026, harassment is silent and digital.

1. Harassing Calls vs. Cyberstalking Because F.S. 365.16 is hard to prove (due to the “Identity Disclosure” rule), prosecutors now prefer to charge Cyberstalking (F.S. 784.048).

• The Difference: Cyberstalking covers any electronic communication (Text, WhatsApp, DM) that causes “substantial emotional distress.” It does not require the sender to hide their identity.
• The Danger: While Harassing Calls is a misdemeanor, “Aggravated Stalking” (if there is a credible threat) is a Felony.

2. “Spoofing” and Identity In 2026, apps allow anyone to “Spoof” their number, making it look like the call is coming from the IRS or a neighbor.

• The Defense: If the State charges you under Section (1)(b) for “hiding your identity,” they must prove you were the one using the spoofing app. We demand the IP Logs from the VoIP provider. Often, these apps use shared servers, making it impossible to pinpoint the specific device, leading to a dismissal.

3. The “Work From Home” Privacy Debate Since the 2020s, everyone works from home.

• The Question: Does Avrich still apply if your “home office” is your bedroom?
• The Argument: We argue that in 2026, the line between “Home” and “Business” is blurred. However, if you list your personal cell phone on a Google Business Profile, the Avrich defense is still alive: You invited the public to call you.

It’s Not Just a Prank Call

Whether it’s a “business dispute” or a bad breakup, these charges carry real jail time. But as Avrich shows, the context of the call matters more than the content.

Call me at (407) 423-1117. Let’s trace the call.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.