By Jyoti Jha
We have all indulged in prank calling during our childhood or teenage years.
Most of us believe that prank calls are harmless and will not get us in trouble. Unfortunately, we are not aware that prank calls can be harmful and put us in serious trouble if caught with bad intent.
This is because a prank call might lead to the occurrence of a felony or misdemeanor.Â
In this article, we will provide you with information regarding the legality of prank calls in states like Florida, California, and Texas.
Is Prank Calling Illegal?
Most states in the United States have criminalized prank calls that have the intention to harass or annoy the other person.
Even though prank calling a person or business has certain factors relating to the circumstance of intent.
However, prank calling 911 is absolutely illegal in all states of the US. This is because 911 is an emergency helpline, and making their lines busy for bogus reasons is a criminal offense.Â
Is Prank Calling Illegal In Texas?
The legality of prank calling in Texas depends on the circumstances.
If you are involving yourself in harmless fun and do not negatively impact the party, then prank calling is not illegal.
However, if you continue to harass the other person in a continuous manner, then you might get in trouble, as law enforcement would get involved.
This act will lead you to face charges of harassment as per the law.
As per the Texas Penal Code, § 42.07, it is illegal to make prank calls as it is considered harassment. This is a criminal offense in the state.
If you are found guilty of harassing while making a prank call, then you might face a variety of consequences.
This includes:Â
- Fine upto $2,000
- Jail time up to 180 days, or
- Both
It is crucial to remember that prank calls result in emotional distress for the person on the other side of the line.
This is not a respected or appropriate way of behaving with someone. So, it is advised that you restrain yourself from making harmful prank calls in the state of Texas.
Is Prank Calling Illegal In Florida?
The state of Florida states prank calls as second degree misdemeanor offenses as per the Florida Statute § 365.16.
This is only applicable if you are caught continuously harassing the other party over the telephone.
The state outlaws harassment in the form of obscene comments that are made by the caller continuously without any legitimate reasons.
If you are caught in continuous harassment of another individual over the telephone, the state will impose legal consequences.Â
The legal consequences include:
- Punishable by 60 days in county jail, or
- Six months on probation, or
- Fine upto $500
So, it is advisable that you are careful how you intend to make calls while in Florida.
Is Prank Calling Illegal In California?
Under the California Penal Code § 653m(a), it is illegal to make prank calls that make use of obscene language and threats to a person or property over a phone conversation.
You can be convicted under the § 653m(a) if you have conducted any of the following:
- Called or electronically communicated,
- Had the intention of annoying the other person,
- Either you have annoyed the person through:
- Used obscene language while communicating
- Made threats to the person, their family, or property.
If you are guilty of the above mentioned convictions, there are legal consequences. These consequences include sentencing and punishments.
They are as follows:
- Upto six months in the California county jail,
- Upto $1000 as fine
So, it is advised that you do not engage in prank calling that leads to criminal charges while having some innocent fun in California.Â
Final Thoughts
Now you know the state laws of Florida, Texas, and California in aspects of prank calling.
You will have to be careful while making calls for fun while being in these three states.
Making continuous threats or harassment over the telephone in these states will land you in jail or pay fines or both.
Inspite this, if you have faced with criminal charges regarding a prank call that has gone wrong. You are advised to have consultation with a criminal defence lawyer.
A criminal defense attorney will guide through the proceedings and fight for your best interest.
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