State v. Koetting

A jury found appellant guilty of the offense of “harassment” under § 565.090.1(2), RSMo 1978,1 and assessed his punishment at confinement for a period of one year under § 558.011.1(5). Judgment was entered accordingly, and the appeal therefrom challenges the constitutionality of said statutory provisions.

The information, in part, alleged that appellant “. .. for the purpose of disturbing Helen Bax made a telephone call to said Helen Bax and in so doing used the following coarse language offensive to one of average sensibility: ‘I have $10.00 if you have a piece of ass’.”

Evidence was offered…