In recent decades, comedians have exploited prank phone calls to great effect. However, what may be considered a prank by one person may be considered a serious case of bullying by another. Especially when pranksters think your sharp sense of humor trumps your choice of abrasive words, the line between what’s funny and what’s offensive can become blurred. However, pranksters should remember that the person on the other end of the line cannot be sure if the conversation is a joke or not.
If a prank takes an inappropriate sexual turn, what may have seemed like a harmless prank can turn into a criminal matter. Known as telephone eschatology, sexual gratification through unsolicited phone calls is a legitimate paraphilia found in the Diagnostic and Statistical Manual of Mental Disorders. While intent is the difference between a prank and an actual phone scatology incident, both are still cases of sexual harassment and can be prosecuted as such.
Criminally speaking, the law depends on state interpretations of sexual offense laws when handling harassment cases like these. Some states consider this offense a mixture of stalking and sexual harassment, but may have additional charges of obscenity that can be attached. In general, while this offense does not lead to punishment such as a jail sentence, it is still potentially dangerous to a person’s livelihood, as most Americans take even minor sex crime convictions very seriously.
Knowing the difference between a well-intentioned prank and a case of bullying is crucial for any aspiring comedian. In general, unsolicited phone calls to random phone numbers are bad decisions for anyone. However, knowing the proper limitations with friends and acquaintances can determine whether a prank will be well received or end in a police investigation. For more information on what an accused person can do to protect their rights, contact a sex crimes attorney.