In America, for a prank call to breach the Telecommunications Act, the call must have been carried out with the intent to threaten abuse or harass.
Criminal pranks may be a case of bomb threats to telephone harassment. An instance is a hoax call that occurred in the Western part of Australia on the eve of New Year back in The threat was taken seriously to the extent that the threat was about to be canceled, it took concerted efforts and investigations to find out that no such threat existed in the first place.
The teenager was then arrested for giving false information. There are certain types of prank calls that can get you into deep trouble. For instance, threatening to cause harm to a person over the phone with the intent that they would believe what you are saying. Also, threatening to kill a person over the phone can get you into serious trouble.
Furthermore, threatening that you have left or would leave an explosive device in a place with the intent to make them believe also applies. And finally, if you harass or cause an offense to a person over the phone either by the things you say or the manner with which you do it could also be an offense. The moment you receive a prank call, it is advisable that you hang up as quickly as possible. However, if you keep on getting the prank calls, you should consider making a formal complaint to the police.
They would then proceed to investigate and prosecute whoever is behind such an action. As an alternative measure, you could call your phone service company for assistance. Also known as a hoax call, crank call or phone call, a prank call is simply a telephone call that is designed by the caller to be a practical joke played on the person who is answering. It is most times a nuisance type of call. The recordings of prank calls became quite popular and traded among sound engineers, musicians, and other media traders in America starting from the later part of the s.
The earliest known recorded prank calls include the Tube Bar prank calls. Jerry Lewis was a very naughty prank caller back then and the recordings of his calls are still in circulation even till today. In the call, he asked her to record a speech supporting the Canadian unity ahead of the referendum in Quebec. By default, a prank call ought not to be more than a practical joke that is delivered via telephone.
When this happens, the prankster often disguises his or her identity and seeks to make the person being called to say rather embarrassing or foolish things. If a prank call is considered a menace to the society or has the potential to disrupt the law and order in a city, the caller can be charged with disorderly conduct. However, the definition of disorderly conduct varies from place to place. But for a prank call to be considered disorderly conduct, it would require the judge or police to determine.
A fine is often paid by those accused of disorderly conduct. Several cities and states have laws that prohibit some types of verbal harassment. A harassing type of phone call is one that the recipient feels intimidated or threatened. Oregon State, for instance, defines a harassing phone call as the type where the recipient feels harassed or annoyed for no purpose.
August 7, Reviewed By:. Jonathan Pyzer. Criminal Defence Lawyer B. Written By:. You could face criminal offence charges for prank calling someone. While prank calling may seem like an innocent childhood fun, it is possible to be charged with a criminal offence for prank calling, depending on the extent of your actions.
If you were to be charged with a criminal offence for prank calling it is likely that you would be charged with the offence of criminal harassment.
Section of the Criminal Code pertains to the criminal offence of criminal harassment. Section describes behaviour that can constitute criminal harassment. Regardless of whether you speak when the dialled party answers, repeated calls may result in a criminal charge of cyberstalking.
Making threats or using obscene language also often fall under cyberstalking laws. States with cyberharassment laws hold that any phone call intended to cause the recipient emotional distress is an illegal action.
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