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SB 1298

Use of profane, threatening, etc., language over the telephone; repeated telephone contact, penalty.

2025 Regular Session Introduced by Tammy Mulchi

Virginia bill criminalizes profane and threatening telephone language plus repeated unwanted calls, but faces First Amendment concerns and potential overlap with existing harassment laws.

Passed by indefinitely in Courts of Justice (8-Y 6-N)
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Bill Summary · SB 1298

Legislative bill overview

SB 1298 would criminalize the use of profane, threatening, or harassing language over the telephone, as well as repeated unwanted telephone contact. The bill establishes penalties for individuals who engage in such conduct, treating it as a criminal offense under Virginia law.

Why is this important

Telephone harassment and threatening communications can cause genuine psychological harm and safety concerns for victims. However, this bill addresses conduct that may already be covered under existing Virginia harassment, stalking, and threatening statutes, raising questions about whether new legislation is necessary or whether it duplicates current protections.

Potential points of contention

  • First Amendment concerns: Defining and prosecuting "profane language" raises constitutional questions about protected speech versus criminal conduct, particularly when profanity alone—without threats or harassment context—might be involved.
  • Vague language and enforcement: Terms like "profane" and "threatening" can be subjectively interpreted, potentially leading to inconsistent enforcement or prosecution of borderline cases.
  • Redundancy with existing law: Virginia already has statutes addressing harassment, intimidation, stalking, and threatening communications; unclear how this bill differs from or improves upon existing criminal codes.

Compiled from official sources — confirm details with the bill’s official record.

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