I WAS ARRESTED CHARGED & FINED$ 1120.00 FOR LEAVING ...

DearCustomerbr />
[The statute] reads in pertinent part as follows: It is unlawful for a person to use in a telephonic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person.

South Carolina Appellate court stated the following:

In order to find the defendant guilty of unlawful use of the telephone you must find that the State . . . proved . . . that the defendant made a phone call with the intent and sole purpose of conveying an unsolicited, obscene, imminently threatening and/or harassing message to an unwilling [recipient].

I have searched various South Carolina cases, I was not able to find any cases which specifically mentions the use of a cellular phone. But again this goes back to an argument to be interrupted by the courts.

You might have a good argument, because the statute reads "unlawful use of the telephone " If it had stated " unlawful use of a communication device, or any telephone device then it would definitely include the cell phone.

I ran two searches on West Law and Lexis Nexis, no cases in South Carolina, specifically mentioned a cell phone, they only mentioned the word Telephone.

I hope this information was helpful.

Regards,
Moe

If my answer has been helpful, please ACCEPT my answer so I can get credit for my effort to assist you. FEEDBACK is appreciated as well as a bonus.