Tuesday, January 14, 2014

Is Prank Calling Illegal

Prank calling seems harmless, but it may be illegal in your state.


While prank calling may not inflict any direct harm or impede a person's freedom, some states consider it a form of harassment, stalking or bullying. Most states have laws against prank calling. Check your state's laws if in doubt.


Cyberstalking


You may be charged with cyberstalking if you repeatedly make unwanted phone calls to a another individual. Regardless of whether you speak when the dialed party answers, repeated calls may result in a criminal charge of cyberstalking. Making threats or using obscene language also often fall under cyberstalking laws.


Cyberharassment


States with cyberharassment laws hold that any phone call intended to cause the recipient emotional distress is an illegal action. The exception to this law is a call that has a legitimate purpose, such as a call to collect a debt.


Cyberbulling


Cyberbulling is similar to cyberharassment, but it applies to school districts and minors. In short, it is an extension of bullying laws to cover phone use.


Punishment


Depending on the state and type of crime, prank calling may be considered a misdemeanor or a felony, and a prank caller will be subject to the appropriate punishment, which may be a fine, jail time, or both. Regardless of state laws, however, the FCC's Telecommunications Act of 1996 makes the crime of prank calling punishable with up to two years of imprisonment and/or fines surpassing $1,000.