The key language in this statute seems to be the specific intent requirement that requires prankers to make calls "with intent to abuse, threaten, or harass another person."
Keys to avoiding trouble under this statute:
NEVER target specific people with the intent to abuse or harass them
- Contacting random people, with no specific intent to harm any particular person, would seem to be a safer way to go under this language--although, I would have to look up specific cases where this law has been applied to see how courts interpret the terms "abuse," "threaten," and "harass."
- Don't say things that make it seem like you intend to harass a particular person. This could be used by prosecutors to try to prove you intended to harass someone, even though you didn't.
NEVER make threats or even allude to anything threatening
- After 9/11, this should be common sense for anyone. Pre-9/11, pranks were pranks. After 9/11, simple pranks might be considered "making terroristic threats" by humorless cops or ambitious prosecutors looking for high-profile terrorism prosecutions. Just think about the 5-year-old kid who got arrested for pointing a chickenfinger at a classmate and saying "bang." Counter-terrorism fanaticism leads to some pretty ridiculous overreactions, so don't even come close to making a threat over the phone--NOT EVER.
- If a person accuses you of making a threat or scaring them, diffuse the situation on the spot. Abort the prank, tell them you're just a prank caller and there's nothing to worry about. You might mention that you're doing it for a radio show (if this is true), and that you live far away and just picked their number at random. That should calm down all but the psychos, and cops don't usually waste their time on the ravings of hypersensitive psychos.
NEVER call the same person repeatedly to excess to avoid being seen as having the "intent to harass;"
- Don't call the same person over and over.
- Also, do like Brad, and don't give out people's phone numbers for pranks, because this can easily get out of control and you can be blamed for all the bullshit other idiots do even if you had nothing to do with it.
In sum,
- #1 Avoid Making Prank Calls Yourself - Just Enjoy Great Podcast Shows Like PLA Radio, the Snow Plow Show, and Madhouse Live
- #2 If You Must Make Calls Yourself, READ AND FOLLOW BRAD'S RULES at www.phonelosers.org/rules (http://www.phonelosers.org/rules).
- #3 Keep It Fun and Free of Malicious Intent - Never Make Calls with the Intent to "Abuse, Harass, or Threaten."
- Saul Goodman