Is Prank Calling Illegal? State Laws, Penalties, and Jail Time

Ever since humans have been able to make phone calls, prank calls have been a source of entertainment for some—usually the pranksters or those listening in—and a source of nuisance for others, usually the recipients. Prank calls are generally harmless and intended to amuse, annoy, or deceive the individual who answers. However, prank calls can quickly cross the line into illegal territory.

Laws vary by state, but most prohibit annoying or harassing phone calls, and making prank calls to the 911 emergency system is always illegal. Although prank calling is typically considered a minor offense, there are cases where it can lead to serious legal trouble. For instance, recording a prank call in some states may constitute illegal wiretapping. Prank calls that harass or target someone based on their race, religion, or another protected characteristic could even be charged as a hate crime.

Is Prank Calling Illegal?

On its face, prank calling is generally not illegal. However, depending on the jurisdiction, it may be considered a crime if the purpose of the prank call is to intentionally:

• harass,
• threaten, or
• commit fraud

A prank call may also be illegal if it:

• amounts to disorderly conduct,
• is deemed obscene,
• is recorded without consent, or
• is intended to disrupt emergency services.

When Does a Prank Call Become Illegal?

In most states, prank callers may be prosecuted under general criminal laws, such as:

• Disorderly conduct: This broad offense covers any activity that breaches the peace.
• Harassment: Unreasonably bothering, threatening, or annoying another person.
• Domestic violence: When a prank call targets a current or former partner or family member, causing reasonable fear for their safety.
• Making terroristic threats: Bomb threats or other terroristic threats of violence made over the phone.

In addition to these general laws, some states have specific statutes that target prank callers directly.

In What States Is Prank Calling Illegal?

Several states have passed laws specifically dealing with prank calls, including:

• California: In California, authorities can charge prank callers with misdemeanor harassment, resulting in up to six months behind bars and/or fines of up to $1,000.
• Nevada: Prank calling is considered harassment in Nevada, punishable by up to 6 months in jail and/or fines of up to $1,000.
• Texas: Prank calling constitutes harassment in Texas and may result in fines of up to $2,000 and/or as many as 180 days in jail.
• Florida: In Florida, harassing prank calls can land you in jail for 60 days, resulting in up to six months of probation, and fines of up to $500.
• Ohio: In Ohio, prank phone calls constitute disorderly conduct, punishable by up to 30 days in jail and a $250 fine.
• New York: Prank calls are considered disorderly conduct in New York, punishable by up to 15 days in jail and/or a $250 fine.
• Texas: Prank phone calls are a class C misdemeanor in Texas and can result in a fine of up to $500.

Can You Get Arrested for Prank Calling?

Making a prank call may seem like a relatively harmless joke. Still, it can easily cross a line and violate laws related to harassment, intimidation, fraud, or threats, resulting in police involvement.

Police in most jurisdictions take these violations very seriously, investigating each complaint and working to track down the individual or individuals making the prank calls. While many isolated incidents will result in a stern warning, you can get arrested for prank calling, depending on the situation.

Can You Go to Jail for Prank Calling?

Yes, you can go to jail for prank calls, especially if they involve threats, fraud, or calls to emergency services like 911. Depending on the jurisdiction and severity of the prank, some prank calls may be considered a serious offense, leading to fines and potential jail time.

How Long Can You Go to Jail for Prank Calling?

Depending on the severity of the prank call and local laws, prank callers may face jail time ranging from a few days to several months. Prank calls are usually classified as misdemeanors, with potential fines accompanying the sentence. But, in extreme cases, such as where a prank call causes significant harm, a prank call can result in felony charges with substantial jail terms.

Is It Illegal to Prank Call Businesses?

Prank calling food places, hotels, and customer service lines might seem like a harmless joke, but it can lead to serious legal consequences. In most states, if the business feels the calls are excessive, threatening, or disruptive, it could pursue harassment charges. In some cases, companies may also take civil action for damages if the calls interfere with their ability to operate or cause financial loss.

Is It Illegal to Call Random Numbers as a Prank?

Calling random numbers as a prank isn't illegal, but it can have legal consequences if the calls are deemed harassing, threatening, or fraudulent. Repeated or deceptive calls may violate laws against unwanted communications. For example, repeated unwanted calls to the same person could be considered harassment. Making false claims or trying to trick someone out of money could lead to fraud charges.

What to Do If You Get Prank Calls?

If you get prank calls, the best thing to do is hang up immediately without engaging with the caller, as responding often encourages them to continue.

Here are a few steps you can take if you're getting prank calls:

• Don't answer calls from unknown numbers: If you don't recognize the caller ID, let the call go to voicemail.
• Ignore the caller: When you do answer a prank call, remain silent and quickly hang up.
• Use call-blocking features: Most carriers offer services that prevent specific numbers from reaching you.
• Report the number: If you can identify the caller's number, report it to your phone company and the authorities.
• Consider changing your number: In extreme cases, changing your phone number might be necessary.

Can You Report Prank Calls to the Police?

Consider contacting law enforcement if the prank calls become frequent, threatening, or cause significant distress.

Prank Calls Can Be Fun—But They Can Also Be Illegal

Prank calls may seem like harmless fun, but they can quickly cross the line into illegal territory depending on the content of the call, the intent behind it, and how often the calls are made. While a single silly prank might be brushed off, repeated or malicious calls, especially those involving threats, harassment, fraud, or interference with emergency services, can lead to serious legal consequences, including fines, civil lawsuits, or even jail time.

To avoid legal trouble, think twice before picking up the phone to prank someone. What starts as a joke can end with criminal charges if the call causes harm or violates the law.