State v. Crelly

HENDERSON, Justice.

Pursuant to a bench trial, appellant William J. Crelly was found guilty of making an unlawful obscene and lewd telephone call in violation of SDCL 49-31-31(1). Appellant alleges that SDCL 49-31-31(1) is unconstitutional and, in the alternative, that the facts herein do not indicate a violation of said statute. We affirm.

I

The statute under scrutiny, SDCL 49-31-31(1), provides:

It shall be unlawful for any person to use a telephone for any of the following purposes:(1) To call another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using…