# Prank phone-call legality **URL:** \ **Category:** Factual Questions\ **Created:** [April 13, 2003, 3:21pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439 "2003-04-13T15:21:37Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Qwertyasdfg](https://avatars.discourse-cdn.com/v4/letter/q/ecc23a/32.png) [@Qwertyasdfg](https://boards.straightdope.com/u/Qwertyasdfg)\ **Post date:** [April 13, 2003, 3:21pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/1 "2003-04-13T15:21:37Z")
My friends and I live in New York state, and if we were to make (non-threatening) prank phone calls to various businesses and residents, would this be illegal. Also, what would be the legality of selling CDs of these calls? ---
**Author:** ![Alias](https://avatars.discourse-cdn.com/v4/letter/a/a88e4f/32.png) [@Alias](https://boards.straightdope.com/u/Alias)\ **Post date:** [April 13, 2003, 3:31pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/2 "2003-04-13T15:31:40Z")
I think you have to okay it with the people you call (after the calls take place) to legally sell CDs of your pranks. That’s what they do for Crank Yankers on Comedy Central. ---
**Author:** ![Qwertyasdfg](https://avatars.discourse-cdn.com/v4/letter/q/ecc23a/32.png) [@Qwertyasdfg](https://boards.straightdope.com/u/Qwertyasdfg)\ **Post date:** [April 13, 2003, 5:12pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/3 "2003-04-13T17:12:43Z")
If the other party didn’t give permission, would censoring their names be adequate. I’ve noticed sometimes on crank yankers and in other similar shows, the persons face and name is sometimes concealed. ---
**Author:** ![monica](https://avatars.discourse-cdn.com/v4/letter/m/a183cd/32.png) [@monica](https://boards.straightdope.com/u/monica)\ **Post date:** [April 13, 2003, 6:00pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/4 "2003-04-13T18:00:02Z")
What about those radio stations that will call people and then broadcast the tape of that? Also, what if a person in a state where prank calling is legal calls someone in a state that it is illegal in? What happens then? ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [April 13, 2003, 6:07pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/5 "2003-04-13T18:07:25Z")
> [@](#): > > Harassment by Telephone > > New York State law defines harassment by telephone as the use of telephone communication for any of the following purposes: > > -Making any lewd or indecent comment or request with intent to offend; > > -Making one or repeated telephone calls, whether or not conversation occurs, with intent to abuse, threaten or harass; > > - Causing a telephone to ring repeatedly with intent to harass; > > - Knowingly allowing any telephones under one’s control to be used for any of the above. > > The law provides penalties of six months to one year in jail and/or a fine of $500 to $1000. > [@](#): > > Recording Telephone Conversations > > It is against federal and state regulations to record a phone conversation without the other party’s knowledge. Recording of two-way conversation must feature a warning “beep” tone at 15-second intervals. If you hear this tone, and don’t want a record made of what you’re saying, ask the person whom you’re talking to disconnect the recording machine. > > If you need to record a conversation, your recording equipment must have a “beep” tone and meet registration requirements of the FCC. Use of a recorder without the “beep” tone is permitted in the case of an emergency on lines of fire and police and other emergency-service agencies. Source: [http://www.berkshiretelephone.com/pages/harassment\_by\_telephone.htm](http://www.berkshiretelephone.com/pages/harassment_by_telephone.htm) ---
**Author:** ![yme](https://avatars.discourse-cdn.com/v4/letter/y/35a633/32.png) [@yme](https://boards.straightdope.com/u/yme)\ **Post date:** [April 13, 2003, 6:09pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/6 "2003-04-13T18:09:42Z")
> [@](#): > > \*Originally posted by Alias \* > \*\*I think you have to okay it with the people you call (after the calls take place) to legally sell CDs of your pranks. That’s what they do for Crank Yankers on Comedy Central. \*\* I think Crank Yankers Prankees actually go to Nevada where it is legal to make the calls. Supposedly. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [April 13, 2003, 6:27pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/7 "2003-04-13T18:27:04Z")
> [@](#): > > \*Originally posted by yme \* > \*\*I think Crank Yankers Prankees actually go to Nevada where it is legal to make the calls. Supposedly. \*\* It’s illegal there, too. See [http://www.ojp.usdoj.gov/vawo/grants/stalk98/appendc.htm](http://www.ojp.usdoj.gov/vawo/grants/stalk98/appendc.htm) ---
**Author:** ![FairyChatMom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fairychatmom/32/21906_2.png) [@FairyChatMom](https://boards.straightdope.com/u/FairyChatMom)\ **Post date:** [April 13, 2003, 6:46pm UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/8 "2003-04-13T18:46:33Z")
I was listening to a program that discussed the legality of recording telephone calls. There are [some states where calls may be recorded as long as one party gives permission](http://www.rcfp.org/taping/intro.html) - presumably the person doing the recording. As was explained, the Crank Yankers calls are only made to or from these states. I don’t believe they have to or bother to get permission from the people they call. ---
**Author:** ![Tradnor](https://avatars.discourse-cdn.com/v4/letter/t/cab0a1/32.png) [@Tradnor](https://boards.straightdope.com/u/Tradnor)\ **Post date:** [April 14, 2003, 12:53am UTC](https://boards.straightdope.com/t/prank-phone-call-legality/168439/9 "2003-04-14T00:53:44Z")
[This page](http://www.junkyardwillie.com/realaudio9/legalities.htm) seems to directly address the OP, although I don’t know how accurate it is.