splusmili.blogg.se - Prank me not.com

PRANK ME NOT.COM PC

It may be the case that the language you used was labelled as obscene when it actually was not, but it also may be the case that you used obscene language in an environment where it doesn’t constitute illegal activity. You didn’t intend to annoy or harass anyone with your messages.Your language was not actually “obscene”.

PRANK ME NOT.COM PC

There are plenty of defenses that can be used against a false accusation of violating PC 653m.

Making a direct threat over the phone would be a violation of PC 653m, for example, but it can also be its own crime (sometimes a felony) as stated in PC 422. While the offense itself does not carry very severe punishments, this is a crime that is commonly associated with others due to the fact that the content of the calls can sometimes lead to more charges. PC 653m is considered a misdemeanor offense in the state of California, meaning that the punishments could include:

They were sent with the intent of annoying or harassing the recipient.

The message(s) contained obscene/threatening language OR were sent repeatedly.

Electronic message(s) were knowingly and willfully sent from your device.

To summarize, the 3 elements of this crime are: Even if the messages sound annoying or threatening, it must have been the intent of the sender to do so. Lastly, it must be proven that the messages were sent to harass or annoy the recipient.

Threatens harm to recipient of the message, or their loved ones/property.

Contain obscene, vulgar, or lewd language.

It is required that they do one of the following: The next element regards the content of the calls or messages sent. The mother could be found in violation of PC 653m even though she didn’t make the calls, because she knowingly let her kids use her device to do so.

The mother knows that they use her phone for this purpose, and the kids do so repeatedly with the intent to annoy the restaurant workers. It is required that you knowingly and intentionally acted, but it is important to keep in mind that you did not necessarily have to send the message yourself to be charged with violating PC 653m, as long as it came from your electronic device.Įxample: A mother frequently lets her children use her phone to make prank calls to a pizza restaurant for their own amusement. While it can be sent through a call or voice message, PC 653m also includes visual forms of electronic communication such as text messages, emails, and faxes. The first element of this crime is that you must have sent a message through a form of electronic communication. However, there are certain characteristics of electronic messages that can make it an illegal act. Making a “prank call” is not always a crime in the state of California. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.” Is Making a Prank Call Legal in California? What Characteristics of a Prank Call Makes It Illegal? PC 653m (b) states, “Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. PC 653m (a) states, “Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.”