A prank call is a telephone call made by the caller as a practical joke on the person who answers. Many prank calls are simple nuisance calls with no legal consequence, but calling becomes criminal in many jurisdictions once it is made with intent to abuse, threaten, or harass, as covered in the United States under the Telecommunications Act, or once it targets emergency services, includes a bomb threat, involves impersonation, or causes property damage or physical harm. Some jurisdictions, including Australia, also restrict broadcasting a recorded prank call without the consent of the person recorded. Where a prank call causes genuine fear, disruption, or loss, it is prosecuted as harassment, mischief, or a related offense rather than treated as protected speech.
Facts
Elements of OffenseUnder United States law, 47 U.S.C. Section 223(a)(1), a prank call becomes a crime only when made with intent to abuse, threaten, or harass the person called 1 Notable ExampleIn a 2012 prank call, Australian radio hosts deceived nurse Jacintha Saldanha at King Edward VII Hospital into transferring a call regarding Catherine, Duchess of Cambridge, and Saldanha died by suicide days later though no charges were laid 1 Jurisdiction VariationIn Australia, a prank call can also become unlawful when the recorded call is publicly broadcast without the other party's consent, a distinct basis from jurisdictions that focus only on threatening or harassing intent 1 Classification
Offense GradeInfraction or Violation 1 Connections
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Sources
1. Prank call (Wikipedia)
Legal issues section
the call must be done with the intent to 'abuse, threaten, or harass'
Legal issues, 2012 royal prank call section
Jacintha Saldanha, a nurse at King Edward VII Hospital who was attending a pregnant Catherine, Duchess of Cambridge, was deceived into transferring a prank call
Legal issues, Australia section
the recorded call was publicly broadcast without the other party's consent
View the SourceDepartment of Justice Canada (Justice Laws Website): Criminal Code, section 372
Department of Justice Canada (Justice Laws Website)In Group: Public Nuisance and Petty Municipal Offenses, Section 372Quote, In Group: Public Nuisance and Petty Municipal Offenses, Section 372
Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.
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