Is prank calling illegal?
Although the following prank calling case is over forty years old, it is still relevant as far as current prank calling laws. Prank calling is illegal in most states as it is often considered a form of harassment, stalking or bullying.
When Gerald Gault* was fifteen years old, he made an obscene telephone call. The call was traced to Gerald′s house in Globe, Arizona. He was taken into custody, prosecuted, and placed in the state′s school for boys. This is an extreme but true example of the consequences for telephone harassment or prank calling. This case ended up in the U.S. Supreme Court and led to a 1967 decision that changed the rights of all minors.
Before the now famous Gault decision, juveniles who got into trouble with the police had very few rights. They were treated more like property belonging to their parents. As a result of Gault, the Supreme Court stated that children enjoy some of the same rights in the criminal system as adults. This includes the right to remain silent, the right to a lawyer if you′re unable to afford one, the right to receive a notice of the charges filed against you, and the right to face your accuser in a court of law.
Photo by Heated Ground Photography
Laws regarding telephone use haven′t changed since Gerald′s call. Using a land-line, cell phone or Blackberry to harass, annoy, scare, threaten, or swear at someone is against the law. If caught, you′ll be explaining yourself to a judge.
If you′re a victim of telephone harassment, tell your parents. Write down the date and time of the call, and what was said or save the text or voice message. By taking immediate action, you can put an end to the harassment and assist in identifying the caller. The police and telephone/cell phone company may get involved if the calls continue.
*In re Gault, 387 U.S. 1 (1967).
Read more about Gerry Gault and his case in “Teens Take It To Court [Young People Who Challenged the Law and Changed Your Life]” by Free Spirit Publishing (2006).
Hi so my name is Adelaide and me and my friend were trying to be funny and we were bored and so we found a random number from craiglist and called it then told them there mom was dead we laughed and hung up they continued to call once we answered and they bag cussing and yelling at the top of their lungs after my friend left they messaged me twice saying really mean things and told me there were gonna report me to the police and I am really scare di apologized and explained then blocked because I was scared and I apologize and will never do it again but I am a little teenager in LA and am a scared what do I do
Dear Adelaide: Maybe the fact that you’re now scared and writing us is the lesson to be learned here. Your actions were not only rude and mean, they could also mean you broke the law and could be prosecuted for this behavior. That depends on the laws where you live and the outcome of any investigation into your acts. If you are charged with disorderly conduct, for example, or telephone harassment, you’ll learn more about the justice system and how to act in the future. In the meantime, use your spare time to help others or making your community a better place to be. Disturbing the peace of others by disrespecting them will only lead to upset in your life. As you’ve heard probably many times, be kind to others.
(This is information only – not legal advice).
I just made a prank call with my friends int he game we were playing and thought to make prank calls I Calle little caesars and said something stupid I don’t remember but I know it wasn’t bad it wasn’t cussing none of that but they called back and said the would report it to the police. But, now im terrified I didn’t mean any harm me and my friends were just having fun I wasn’t thinking at the moment I was just kidding around with them and not using my head but now I’m terrified it’s my first time ever doing this I’ve seen my dad do it before and he didn’t didn’t in trouble like me I called one and said it then hung up. What do I do please advice im super scared I really don’t wanna get in trouble im 15 in NC I’m stupid. I really didn’t mean any harm I was just trying to have fun!!😧
Dear Makya: Although annoying and rude, prank calls are common. Unless the call amounts to a threat of harm or violence, there’s little to worry about. The police are usually too busy to bother with random pranksters. We advise that you learn from this and not continue to annoy others. The fact that you’re worried about your call tells us you’re a good person with a conscious. Good luck.
(This is information only – not legal advice).
I have an unusual request or question. I have done some things that I feel are really bad but they do not amount to criminal charges or the parties involved wont seek charges. .However to be fair I find it crazy I dont have consequences. ..I would like to enquire about having someone pronounce a “sentence” on me for my actions outside of the system. I would have to maybe explain further. My phone is 859 638 5294 or 859 536 7340 or email deeds777@gmail.com. thank you
Dear Darren: It is not unusual for remorse to take over following a misguided, hurtful or injurious deed. How you handle it is up to you if this escapes the formal justice system. Of course, whatever you choose to do by way of restitution to the victim(s), depending on applicable laws where this happened, you may still face legal consequences. As an educational website for & about teens and the laws that affect them, AsktheJudge.info does not provide legal advice to our readers, whether teen or adult. You might consider contacting those involved with this incident and ask what they recommend by way of a consequence for you. Or you could simply impose a number of community service hours on yourself and arrange to complete them at an appropriate organization/agency, place and time. If property damage or personal injury is involved, you could offer to make financial restitution.
We wish you the best in resolving this situation.
(This is information only – not legal advice).
I live in fl and I prank called a area code 201 number and said that they won a billion dollars and the only way they could get it is by answering questions right and the first one was a riddle and they failed and I hung up. Am I in trouble
Dear Tom: If that’s all you did and said, it’s unlikely that you’d be in any trouble. Every state has laws about telephone harassment, etc. So, you can google “Florida prank calling” for details. We suggest you find a better use of your spare time. How about volunteering for a local group that you have an interest in or support? You’ll be surprised about how this makes you feel.
(This is information only – not legal advice.
I prank called someone in Florida and I live in ny will I get in trouble I got a call and they said the were reacting my number and I didn’t say anything bad
Dear Makayla: We hope this is just a lesson not to mess around with prank calls. It’s not likely that you will hear anything more. If the person chooses to report it to the police, the police would then have to investigate, which is not real likely if it was a one time call and nothing “bad” was said. Prank calls often fall into the categories of harassment or stalking and intimidating, but requires multiple calls. Again, best to play it safe and let that be the last time you choose to prank call. Thanks for writing.
(This is information only – not legal advice.)
I prank called a school admins office who is aware of and the target of a school campaign to get this man fired. And I said “you’re done man” then called back and explained i had the wrong number. In how deep am I?
Dear George: You may not be in any trouble depending on how the school administration wants to deal with this. “You’re done man” by itself may not be considered a threat. It could mean many things depending on the circumstances. We suggest you think ahead before posting anything that could be misunderstood. As you know, once you hit “send” there’s no going back – what you put out in cyber space is there forever.
(This is information only – not legal advice).
A called a McDonald’s saying I was in the bathroom and needed toilet paper
Thanks for sharing that with us, Joe. Funny, but annoying.
I prank called my friend from TX’s school and said I wanted to pick him up and that was an emergency, to send him to the office. Is this illegal?
Dear Joe: It’s hard to say because your prank is subject to local and state laws, not to mention any school rules that may come into play. Best not to prank if you’re questioning doing it. Good luck.
(This is information only – not legal advice).
I prank called someone’s parents saying their kid got in trouble (they didn’t) but I called hours later saying that it was a prank and the dean is giving me a referral what do I do? (im in Florida)
Dear Jack: Explain what happened to your parents as soon as possible. Better they find out from you than from a call from the dean. Own up to what you did, and the consequences will be bearable. We all make mistakes, and learn from them. Good luck.
(This is information only – not legal advice).
What if you prank call
Someone And it was just a funny call and you did not mean harassment or anything by it and it was not mean or threatening or anything at all and it was clean would that be against the law
Dear Stephanie: Yes, there are laws against prank calling someone. It may be called telephone harassment or come under disorderly conduct or disturbing the peace. It all depends on where you live and what, if any, laws exist about doing this. Try googling the name of your state and “prank calls” for information that may apply to you. Better yet, find another way to entertain yourself. Good luck.
(This is information only – not legal advice).
I live in nc and my friend was prank calling. And we don’t know if it is a illegal
Dear Nico: It is against the law in North Carolina to make prank calls. Take a look at NC Statute 14-196. It is a misdemeanor that’s punishable if convicted of a violation. You can find the law online or ask to see it at your local public library.
(This is information only – not legal advice).
I live in Virginia and i tried to prank call a Chinese restaurant but i couldn’t hear the person and i kept saying “huh” and they said they have my phone number but i dint carry through with the prank? am in trouble im really scared.
Dear Elle: If all you did, as you say, was “try” to prank the restaurant, there’s little chance of being in any trouble. It depends on your local laws and any action the restaurant might take. We suggest you think before harassing anyone about possible consequences. Good luck.
(This is information only – not legal advice).
what are the consecuses
Dear Jon: The possible consequences of prank calling will depend on a number of factors including the exact circumstances of the prank call(s), the laws of your state, whether or no the person has a criminal record, etc. Typically, it’s going to be charged as a misdemeanor and may include fines, community service hours and educational classes. Thank you for the question.
(This is information only – not legal advice.)
Is prank calling legal in Florida
Dear Joe: Ultimately, it depends on the facts of the prank call to determine whether or not the prank call is illegal. A prank call alone may not necessarily be illegal; however, depending on the facts, the call could violate the state’s harassment, stalking, bullying, wiretapping (if the call is recorded) laws and more. You would have to look at the specifics of the call(s) and then look to that’s states laws on the above mentioned matters. Thanks for asking.
(This is information only – not legal advice.)
What are the prank call laws in Virginia and will I get in trouble for prank calling a restaurant through a prank call website and should prank call websites be ilegal or taken down.
Dear Bob: It is against the law in Virginia to prank call someone under certain circumstances. Google “Virginia 18.2-429” to read the law for yourself. Penalties are attached to the law if convicted of this misdemeanor.
(This is information only – not legal advice).
A while back I prank called a couple calls that called me some of then were scammers. But now I have been getting restricted calls on my phone which my parents said afterwards could be the police. I know that being harassing and bullying someone while calling them is illegal but I only did jokes and I was young and…. Well dumb. I instantly regret doing those and I just want to know if I or/and my family could get in trouble and perhaps lose their job?
Dear Keegan: It’s hard to say who’s calling you or whether it’s a computer program. If you don’t recognize the number, don’t answer it. You don’t want to acknowledge to a scammer that you even exist, let alone that this number connects to your phone. Think twice before prank calling anyone again. This is a different world that decades ago before the internet, cell phones, etc.
(This is information only – not legal advice).
Just goes to show that you should think before you act.
Correct, Chris. Thanks for writing us. -Judge Tom
If I acted like someone was my best friend and prank called someone I don’t know can I get breaching of peace and harassment?
Dear Joshua: Whether you broke the law or not depends on what you said and if you sent the message many times. It also depends on the laws where you live. Telephone pranking may be a crime where you live, or what’s called telephone harassment. So, it would be best to find other ways to express yourself, keeping in mind that it’s wiser to make friends than enemies.
(This is information only – not legal advice).
Is prank calling really bad in Michigan??
Dear Kiley: Here is one of the laws about prank-calling in Michigan:
484.1605. Unauthorized use of emergency 9-1-1 service; penalties
Sec. 605.
(1) A person shall not use an emergency 9-1-1 service authorized by this act for any reason other than to call for an emergency response service from a primary public safety answering point.
(2) A person who knowingly uses or attempts to use an emergency 9-1-1 service for a purpose other than authorized in subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $5,000.00, or both.
(3) A person who violates subsection (2) and has 1 or more prior convictions under this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(4) This section does not apply to a person who calls a public safety answering point to report a crime or seek assistance that is not an emergency unless the call is repeated after the person is told to call a different number.
You can see that abusing a 911 emergency line is serious. There are other laws that may apply to prank calling depending on what is said, to whom, and the consequences. For example, “swatting” is a crime that can lead to tragic consequences. Consider the recent arrest of a 25-year-old Tyler Barriss in California who prank called 911 in Kansas that resulted in the death of an innocent man. In December, 2017, Barriss allegedly called in a false report of a shooting and kidnapping. Be mindful of everything you do and say and think about possible consequences before you act.
I need information on Alabama laws for making prank calls and harassment, cyberbullying.
Dear Luke: Alabama’s laws on cyberbullying can be seen here:
https://cyberbullying.org/bullying-laws/alabama
Regarding prank calls and harassment, simply google “Alabama” and these words and specific information will appear. Good luck.
(This is information only – not legal advice).
If my parents threatened to ground me if I didn’t consent to getting implanted birth control which I didn’t want at age 16, is that legal? It was in Kansas
Dear Elyse: Legally, you may have the right to refuse birth control depending on the laws in your state. You can go here to find out more about the birth control laws in your state. Keep in mind that your parents have their reasons for insisting that you be on birth control. Perhaps you could try talking to them about this and explain how you feel and ask why they feel so strongly. If you are having sex, they understand the extreme life changing experience of having a child, which is something you want to hold off on doing until you’re older, more mature and able to provide for all the baby’s needs. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Do you know all those prank calling apps should it be ellegal to even make them.
Dear Daniella: That’s an excellent question. Again, you have to refer to the laws of your state as the laws vary from jurisdiction to jurisdiction. Just because there’s an app out there, doesn’t necessarily mean that it’s safe and legal to use in your state especially if you are a minor. There may be age restrictions on the use of such apps. Thank you for the question.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Is it ellegal to prank call someone you know/ or in your family in australia queensland.
Dear Daniella: It depends on the specific prank calling laws of your state. You could try Googling the name of the state you live in and “prank calling laws” for more information. Because your family knows you and may think the prank call is funny, it could be harmless fun. However, you never know how the person on the receiving end of the joke is going to take it. You may want to consider all of this before making such a call. Thank you for your question.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
if i cursed in a prank call will i get in trouble?
Dear Josh: You could be facing consequences for prank calling alone depending on the laws in your state as well as the specific facts and circumstances. The person who received the call would have to report it to the police and the police would have to be interested in a follow up investigation. If your call did not involve threats or obscene content and was only once rather than continuous calls to this person, the police may not be interested in investigating especially if the department is already very busy. We hope you’ve learned that it’s not worth joking around on the phone as there could be consequences. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
On my school bus I called my friend and her dad picked up and my friend told her it was her boyfriend and he was shocked, could I get in trouble?
Dear Reader: It all depends on the circumstances including your ages, and whether your friend has been told to have no contact with you. You’ll know you’re in trouble if her father contacts you or your parents. The best way to handle this is to be calm, polite and honest. Good luck.
(This is information only – not legal advice).
I called McDonalds and asked if they had delivery, then asked if they had tacos, then I asked if the responder was the Pope. It was a less than 45 second call, yet I was told my number was being handed over to police. Am I in any danger?
Dear Anon: Depending on the laws where this happened, you may be in trouble for violating a local ordinance or law about harassing phone calls. If the police are able to trace the calls to you, you could receive a citation. If this happens, contact a defense attorney for advice. Good luck.
(This is information only – not legal advice).
a few friends and I called pizza hut and asked for dominos pone number and then the guy told me to “suck his #%&!” then hung up I called back to complain then he threatened to call the police then I looked up laws regarding “prank calls” and did some research and I found no laws for prank calls in that county what should I do since then I have stopped calling with that intent and should I be worried
Dear William: It’s unlikely that you will hear anything more about the incident if you have heard nothing yet. The Pizza Hut employee probably threatened to call the police to make you stop calling him. If he chose to call the police that night and possibly had your phone number, then you most likely would have heard from the police right away. You could try Googling the name of your state and “prank calling laws” to find the specific laws in your state if there are any. We hope you learned from this. It can be fun and games until someone gets seriously upset by a prank call and/or makes a complaint to the police. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
uhm, I was just messing around with my friends and they had me call one of their friends as a prank. i did a movie clip, it wasnt even threatening…it was from something about mary. i said have you theen my batheball? the guy on the other end of the call said hes calling the cops on me…can i get in trouble for that? i didnt even know it was bad….if so, how much trouble? Ive never done anything wrong in my life…
Dear Anonymous: Whether you could get in trouble will depend on the specific facts (what was said) as well as the laws in your state. Even if charges could possibly be filed based on your phone call, it’s unlikely since you’ve never been in trouble, only made one call and did not threaten or repeatedly harass the person. It’s a good learning lesson though as you don’t want to have to deal with the police simply for fooling around with your friends by making goofy phone calls.
(This is information only – not legal advice.)
If someone uses the internet to create a make the receiver believe they are someone else, is it a crime especially if you ask the individual to identify themselves and inquire how they got your number
Dear Ms. H: It may be a crime depending on the specific laws in your state. Impersonating another, online or off, to do harm or injure someone may cross the line into criminal behavior. Many states are wrestling with digital crimes and passing laws about cyberbullying and false impressions. Good luck.
(This is information only – not legal advice).