In North Carolina, repeated, unwanted phone calls can lead to felony stalking charges, especially if they cause the victim significant emotional distress or fear for their safety. A recent case out of Pitt County and heard before Marvin K. Blount, III, Senior Resident Judge, illustrates just how serious unsolicited phone contact can become when it crosses into the realm of harassment. State v. Smith, 904 S.E.2d 434 (N.C. Ct. App. 2024)
In this case, the victim, a 75-year-old widow, began receiving repeated, unsolicited phone calls from a fellow church member, Roger B. Smith. After a single conversation where the victim provided her phone number, Smith began calling her multiple times a day, leaving numerous voicemails and making inappropriate comments, including one where he claimed that “God told him to ask her out and to take care of her ” and clearly thought they should be together. Despite the victim repeatedly telling Smith to stop, the calls continued daily for over six months. She was not interested in a relationship with him and provided him her phone number originally as she thought he had questions about community college classes she was taking.
What made this situation particularly frightening for the victim was the nature and persistence of the calls. Smith’s comments about wanting to have sex with her, coupled with his constant contact, deeply unsettled her. She testified that the harassment caused her such distress that she couldn’t sleep and was too afraid to leave her home. She even had to seek psychiatric help, and her daily life drastically changed—she stopped attending church and school, stayed indoors, and made her home into a fortress by locking herself in by 4 p.m. every day. She put all the food and other necessities she envisioned she would need in the back of her home and never went to the front again after evening commenced.
The court ultimately found Smith guilty of felony stalking because his repeated phone calls, along with his refusal to respect her boundaries, caused significant emotional distress for the victim. Her actions—changing her routine, seeking psychiatric care, and reporting the harassment to both her pastor and the police—demonstrated to the court that she was genuinely terrified for her safety.
The fact that it took months and finally a police visit for him to cease calling her is indication of serious intent. She asked him to stop calling, she rarely to never answered the phone, asked her pastor to speak with him, and sought law enforcement assistance. Yet, he still debated to the court whether or not his behavior, daily and over months, could lead a reasonable person to be afraid or have substantial emotional distress? Honestly, let the crazy roll. Imprisonment is not good enough for Mr. Smith, without significant and long term mental health treatment and monitoring at his own expense. Remember that to have a felony conviction, he had to have a prior stalking conviction, so he did not learn from his first bought of bad behavior.
This case serves as a sobering reminder: unwanted phone calls, especially when persistent and intrusive, can have serious legal consequences, including felony stalking charges. Victims should take action if they feel harassed, as North Carolina law protects against such severe invasions of privacy and emotional security.
One last thought on this case from a legal and moral perspective – nothing in the case raised the issue of mental competence of Roger B. Smith nor did the case note his age. The court (or the defense attorney) may want to check to see if Mr. Smith needs a legal guardian or has some other health concern (dementia or alzheimer disease) which could cause significant behavior modifications or cause him to lack mens rea. If this was a civil case, which the elderly woman is entitled to take out and would likely get damages from Mr. Smith, a motion for a psychological evaluation may occur. Also, please call your elderly family members and check in on them to ensure no one is taking advantage!
