People v. Weeks

This appeal was taken by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111 (l)(e), C.R.S. 1973 (1976 Supp.) (telephone harassment). The order was entered after the defense filed a motion asserting that the telephone harassment statute was unconstitutional on its face because it was vague and overbroad and violated the defendant’s First Amendment rights.

The defendant’s speech , was allegedly tied to a series of telephone calls to a woman in Delta, Colorado. The calls were made to the woman’s *178home and were laced with sexual…