Telephone pranks and sexual harassment

In recent decades, comedians have exploited prank phone calls to great effect. However, what may be considered a joke by one person may be considered serious harassment by another. Especially when pranksters believe their sharp sense of humor trumps their abrasive word choice, the line between what’s funny and what’s offensive can become blurred. However, pranksters must 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 scat incident, both are still cases of sexual harassment and can be prosecuted as such.

Criminally speaking, the law relies on state interpretations of sex crime laws when handling harassment cases like these. Some states consider this crime to be a mix of stalking and sexual harassment, but may have additional obscenity charges that can be attached. In general, while this crime does not carry punishments 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 joke and a case of harassment is crucial for any aspiring comedian. In general, unsolicited phone calls to random phone numbers are bad decisions for anyone. However, knowing the proper boundaries with friends and acquaintances can determine whether a prank will go down well or end up in a police investigation. For more information on what an accused person can do to protect their rights, contact a sex crimes attorney.

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