Many people can remember making prank calls when they were kids. Many people don’t feel that making a funny phone call is a big deal but unfortunately the law can take another tactic. According to California Penal Code 653m, it is illegal to contact a person via electronic communication in a way that has “the intent to annoy” them. This can be a vague wording and it may or may not apply to your case. Read on to find out more about prank phone calls and then reach out to Law Office of Michael L. Fell at (949) 585-9055 if you need a legal consultation.

The prosecution has an uphill battle in convicting you

This law specifies that you cannot annoy or threaten someone via phone. Another law makes it illegal to contact a person using obscene language or threatening language toward themselves, their family, or their property. If you are found guilty of doing so then you could be facing a misdemeanor charge. However, it can be a challenge for the prosecution to convict you. They must prove:

• You called or made electronic communication with the alleged victim and
• You did so with the objective of annoying them

The prosecution must also prove that you:

• Used obscene language or
• Threatened a person, their family, or their property.

Defense option 1: The language you used was not offensive

One of the first things you may do is to show that the language you were using was not obscene. There is no list of words that are considered obscene and the law does not have a specific definition of what annoy means. Instead, it’s up to the judge to decide what a “reasonable person” would find to be offensive. One option is to show that your language may have been distasteful but did not go all the way to being offensive.

Defense option 2: You were not the one who sent it

Another option that your criminal defense attorney may pursue is that you were not the one who made the calls or sent the electronic communication. After all, just because an email came from your account or a phone call came from a phone you own does not mean that it was you that made the call or sent the email.

Defense option 3: You did not intend to annoy or harass another person

In order to get a conviction, the prosecution must prove that you had the intent to harass or annoy another person. We may simply make the case that you made the call in good faith and that it was an honest mistake.

If you are facing any type of criminal charge, whether making prank or obscene phone calls, college crimes or Title IX, or something more serious, then you need a qualified attorney. At Law Office of Michael L. Fell we are standing by to help. Give us a call at (949) 585-9055 for your free legal consultation.