During the call, you said something in any manner that was considered obscene, filthy, vulgar, indecent, lewd, or lascivious, and.To somewhere that the person on the other end of the call held a reasonable expectation of privacy, and.Here is what the state would have to prove for each scenario: Prank Calling Scenariosĭepending on how the prosecution charges the offense, there are four scenarios where the state could prove the offense of making harassing telephone calls. But, the Court did state in their holding that the terms “annoy” and “offend” did not constitute elements of criminal intent that could sustain a conviction since the terms do not have a solidified legal meaning and could result in subjective convictions based on how singular judges interpret the terms. The statue was upheld in 1996 with the Florida Supreme Court’s decision in Gilbreath v. It states that “hoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree.” Interestingly, the statute also covers what happens when you let your friend prank call off of your phone. Is guilty of a second-degree misdemeanor. (d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or (b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number (a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number Pursuant to Florida Statute Section 364.16, obscene or harassing telephone calls are illegal.
But is prank calling illegal? Can you get arrested for prank calling and even face jail time? Find out everything you need to know with our blog post! So, Is Prank Calling Illegal in Florida? From the 1980s and 1990s, before caller ID existed and *67 worked wonders for prank callers, to the modern-day when the technology exists to create sham phone numbers, prank calling/texting has subsisted in the mainstream. Pranks are one form of comedy that withstands the test of time.
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