Violations of this law are misdemeanors in California.
Its prank phone calling law, Penal Code 653m PC, prohibits these calls if they intentionally: However, some states have criminal statutes that are specifically designed for the crime of prank phone calls.Ĭalifornia is one of those states. Some of the most common laws that are used include those that cover: Many states rely on general criminal laws to prosecute prank callers. the call is made to 911 or another emergency response number.the prank caller records the call without the recipient’s consent, or.When is making a prank phone call illegal?ĭepending on the state, making prank phone calls can be illegal if they intentionally: Annoying or harassing someone because of a protected trait can be a hate crime. Recording a prank call can constitute illegal wiretapping in many states, including in California. All states make it illegal to prank call 911. While each state is different, most states prohibit making prank calls to annoy or harass someone. I also just got a letter in the mail.Prank calling can be illegal in some situations. He called me, and now his assistant called me, indicating they want the final payment or will the lien the house. We have held back some money because the work done is inadequate. Subsection (b) of Penal Code Section 653m expressly provides: “Every person who, with intent to annoy or harass, makes… repeated contact by means of an electronic communication device… to another person is, whether or not conversation ensues… guilty of a misdemeanor.” Her texting by an electronic communication device (ie, the cell phone) is a covered act. Is this behavior legal?Ī: Her behavior may constitute a violation of Penal Code Section 653m because it is a “communication”, and employs a threat. She is texting me several times now, and has made threats of harm if I don’t pay her.
Q: I have a dispute with someone over money. In the situation you describe, just what did the kids say, how many times did they call that gentleman, and what was their intent?
If that criteria does not apply, then (2) Calls made with an intent to annoy or harass, which are repeated calls. Section 653m prohibits two specific kinds of conduct: (1) Calls made with the intent to annoy in which obscene language is used, or there is a threat made to inflict injury to the person, his or her property, or to any member of his or her family.
Is what they did a crime?Ī: It was a prank – just harmless fun right? Well, under the California Penal Code, certain kinds of “pranks” can rise to the level of a misdemeanor, result in a fine of up to $1,000, and as much as six months in county jail. The gist of the calls is to unnerve whomever answers, make them think there are ghosts haunting their house, and that they are a company who can help rid them of these “demons.” An older gentleman reported these kids to the police. Q: College kids, all 18 or a bit older, decided to prank call people.