Prank calling is a popular pastime that’s been around for decades. It involves calling another person and pretending to be an individual from another company, an emergency service, or even the police. The prank caller then offers a ridiculous premise that triggers an outrageous response from the target of their joke. The term ‘prank’ refers to something done in jest that’s not meant to cause any harm or offense. Prank calls, however, can easily cross the line and become illegal. When prank calling is taken too far, it can result in serious consequences such as arrest and imprisonment. Here are some things you need to know about prank calling if you want to stay out of jail.
Can You Go To Jail For Prank Calling?
In the UK it is an offense to cause a nuisance with a ‘public communication system’ under the Communications Act 2003. This includes telephones, faxes, emails, and SMS messages. If you cause annoyance, inconvenience, or needless worry to others using these systems, you could be charged with an offense under this Act. It is also illegal to use these systems in a way that is grossly offensive or of an indecent, obscene, or menacing character. If you do so you could be charged with an offense under the Telecommunications Act 1984.
What Is Prank Calling?
The most basic description of prank calling is that it’s a method of fooling around on the phone. In general, prank calling involves one person calling another person and making a ludicrous statement. The point of the prank call is to cause the target of the joke to react in a silly or over-the-top manner. In the past, prank calls were made over the telephone. Today, however, many prank calls are made over the internet using apps like Skype or FaceTime. In some cases, prank calls are also referred to as “swatting” or “hoax calls.” These terms refer to a situation in which a prank caller impersonates a police officer and reports a fake crime in progress at the home of another person. The goal of the hoax call is to have a SWAT team sent to the other person’s house.
Is Prank Calling Illegal?
- Making a prank call is not an offense in itself. However, it can become an offense if the person who made the call did so in a way that was grossly offensive or of an indecent, obscene, or menacing character.
- The police have the power to seize phones and other equipment used for making nuisance calls if they want to investigate further. They can also arrest people and take them away from the scene in handcuffs if they think there’s been a serious enough breach of the law.
- If you are convicted of this offense you could be fined up to £5,000 (about $7,500). You might also be required to pay compensation to any victims of your hoax call.
- If you are convicted of this offense you could also be banned from making any more prank calls.
- If you are convicted of this offense you could face up to six months imprisonment.
- The police have the power to seize phones and other equipment used for making nuisance calls if they want to investigate further. They can also arrest people and take them away from the scene in handcuffs if they think there’s been a serious enough breach of the law.
- If you are convicted of this offense you could be fined up to £5,000 (about $7,500). You might also be required to pay compensation to any victims of your hoax call.
- If you are convicted of this offense you could face up to six months imprisonment.
- The police have the power to seize phones and other equipment used for making nuisance calls if they want to investigate further. They can also arrest people and take them away from the scene in handcuffs if they think there’s been a serious enough breach of the law.
- If you are convicted of this offense you could be fined up to £5,000 (about $7,500). You might also be required to pay compensation to any victims of your hoax call.
Penalties For Prank Calling
For making nuisance calls, the law can be quite strict. In some cases, the phone company that receives a prank call will forward the call to the police. The police will then contact the peron who called you and ask them to explain why they made the prank call. If they cannot provide an adequate explanation, then they could be charged with a criminal offense.
Penalties for hoax calls are even more severe than those for nuisance calls. In some cases, it is possible that a person could face more than one charge of making a hoax call. For example, if someone falsely reports an ongoing crime at your home and also makes a false bomb threat to other people in your neighborhood, then you could be charged with both offenses. The maximum penalty for making a false bomb threat is 5 years in prison and/or an unlimited fine under section 58 of the Serious Organized Crime Act 2005 (SOCA). The maximum penalty for making a hoax call is 14 years in prison or an unlimited fine under section 58 of SOCA 2005 or section 1(1) of the Non-Fatal Offences Against the Person Act 1997 (NFAO).
If you are convicted of making a nuisance or hoax calls you may be required to pay compensation to your victim(s). If this happens, you may have to pay upfront or make arrangements with your phone company before being allowed back on their network again. You may also have to pay fines that can reach thousands of pounds per offense.
What Constitutes A Serious Prank Call?
- The call is made with the intent to annoy, harass, or alarm another person.
- The call causes the victim to suffer physical or emotional distress.
- The call is made with the intent of causing damages to property or to persons other than the victim.
- The call results in emergency response by a police officer, firefighter, or another first responder (such as a doctor).
- The caller knows that s/he is not authorized to make such a call and fails to identify himself/herself properly when asked by the recipient of the call (for example, if you do not say your name and address when making a nuisance or hoax call). This may also be referred to as “misrepresentation”.
- The caller makes more than one prank call in a short period of time (for example, if you make two nuisance calls within five minutes). This may also be referred to as “multiple harassments”.
- You are convicted for making one of these types of calls and have no prior criminal record for making these types of calls or any other type of crime committed against others in any country/state in which you have resided during your life before being charged with this offense.
- The person who receives the phone call believes that he/she is being threatened and fears for his/her life but is not able to contact anyone else immediately because he/she does not know how anyone else would be reached. This may also be referred to as “primary harassment”.
- A business receives a prank call and believes that the caller is trying to extort money from them or commit some other crime. This may also be referred to as “secondary harassment”.
- A business receives a prank call and believes that the caller is trying to extort money from them or commit some other crime. This may also be referred to as “secondary harassment”.
Conclusion
In conclusion, the above article will help an individual understand the legal issues and penalties related to false reporting of an emergency. In addition, it will also teach individuals how to avoid being charged with this crime.