Remember prank calls? Almost everyone has done it at least once in their lives, usually with a bunch of giggling friends in the background. Essentially, you randomly pick a name and phone number and make a prank call.
These calls or texts usually include a joke–you know, something along the lines of is your fridge running? If so, you should probably catch it. While calls like these may leave you in fits of laughter, the recipient is rarely amused.
Did you know that making a prank call can have devastating legal consequences? Your prank call may be considered harassment, and this is a crime that comes with potential legal penalties.
California’s Penal Code and Annoying Phone Calls
California lawmakers understand how annoying prank calls can be. The state passed California Penal Code 653m to discourage residents from making them. Under the law, placing harassing or obscene phones is a misdemeanor. The code applies to all electronic communications, which includes texts.
So, what is considered an annoying phone call? No, it doesn’t apply to unwanted calls from friends and family updating you on their daily lives. Instead, under California law, it’s a misdemeanor to make repeated harassing phone calls and it’s also illegal to use threatening or obscene language. For the call to be considered harassing, there must be intent behind it.
For example, you’re demonstrating intent each time you make a prank phone call: you intend to annoy or otherwise harass the recipient of the phone call.
A Closer Look at the Law’s Specifications
To be convicted of a misdemeanor under Penal Code 653m, the prosecutor must prove the following:
- You either made or allowed the call of electronic communication from your device
- The call included threats or obscene language. Repeated calls also qualify as harassment.
- The purpose of the call is to annoy or harass
Not sure which devices fall under the law? The list is extensive and includes any device you use to connect/communicate with another person. Along with all types of phones, including those connected to a landline, computers, fax machines, and pagers are on the list. You may even face misdemeanor charges for using a video recorder to send harassing photos.
There are exceptions to the penal code—for example, business calls can be annoying but they’re not criminal. You may not want to set up a meeting or purchase a product, but you can’t file a criminal complaint for these types of annoying calls.
Another exception is calling a friend and playing a practical joke, since the intent to annoy or harass can’t be proven. You aim to make your friends laugh, not harass or threaten them.
Potential Penalties
Code 653m allows prosecutors to seek penalties against anyone convicted of making threatening or harassing calls. If convicted, you can face up to six months in jail and/or a fine of up to $1,000.
While jail time is rarely given out as a punishment, even a monetary fine can be painful, as chances are, the $1,000 can be better used to pay your bills. Oh, and don’t forget about court costs, this is all on top of the core financial penalty you receive. To make matters worse if you end up going to jail you will need to hire a bail bond service to get you out before your trial, which of course is not free.
Often, first-time offenders are given a suspended sentence—but you may wonder: what’s a suspended sentence? If you’re given a suspended sentence, it means you can avoid the court-mandated penalty by strictly adhering to the judge’s instructions. This can be anything from not having contact with the defendant to relinquishing your device for a specific period, and you may also need to complete counseling sessions in some cases.
In other words, a suspended sentence is similar to probation: you have a specific amount of time to meet the court’s requirements. Failure to do so can result in the original penalty being reinstated.
Fighting Penal Code 653m Charges
If you’re charged with making harassing, threatening, and/or obscene phone calls, your best course of action is to consult with a defense attorney. While the prosecution will have some difficulty proving your intent, it’s just as difficult for you to prove your innocence.
Some steps your attorney will probably take to prove your case often include some or all of the following.
You’re Not Acting with Intent
Your attorney will probably work to prove you didn’t act with intent and that your goal wasn’t to annoy or harass the recipient of your calls, messages, or photos. Instead, you’re acting in good faith that the recipient will recognize the communication as a joke or even as part of a possible business call.
Since prosecutors can’t definitively prove what you’re thinking at the time of the call, it’s easier for you to show there wasn’t any malicious intent. Remember, the burden of proof lies on the prosecution, your attorney only needs to show doubt.
Obscene Language Wasn’t Part of the Call
What you consider obscene may be part of a normal conversation with someone else. What is and isn’t obscene is subjective, and this can work in your favor if your harassing phone call case goes to court.
Your attorney can claim your words are simply a form of artistic expression. When it comes to proving your claim, your attorney can enter movie clips, song lyrics, and TV show dialogue as examples. If there’s enough supporting evidence, your harassment case may even get dismissed. Even if it’s not dismissed, your attorney has still made a valid point that can undermine the prosecution’s case.
Prove Legal Insanity
Okay, this defense isn’t that common, and for a very good reason—proving legal insanity is difficult. You’ll need to prove that you’re either incapable of understanding your actions while committing the crime, and you also need to show that you cannot distinguish right from wrong.
Some of the evidence you’ll need to present to the court includes medical records. Eyewitness testimony is also helpful, along with any surveillance videos. Sometimes, even if you’re not found to be legally insane the judge can still accept your medical issues may contribute to your criminal behavior.
Before going down this legal defense route, make sure to discuss your medical condition with your treating physician and attorney.
Prank Phone Calls Aren’t Always Funny
It’s important to remember that humor is subjective, and not everyone may appreciate prank calls, which can sometimes lead to unintended negative consequences. Should such actions result in a misdemeanor charge, seeking legal counsel is essential. An attorney can provide invaluable guidance and representation in these situations.
The risk of having a harassment charge on your record is a serious matter, as it can have long-lasting effects on various aspects of your life, including employment opportunities and personal reputation. A skilled attorney can help navigate the legal system, work toward mitigating the charges, and strive to protect your record from such detrimental impacts.
