Question concerning wiretapping and entertainment

[CivilianKano]

What is the name of your state (only U.S. law)?

Florida

Hello everyone, i would like to begin by thanking everyone for your professionalism and taking the time to read my inquiry.

I have developed a reputation among my friends as a comedian, and several years ago i recorded a series of humorous prank phone calls. They are not dangerous, racist, threatening or hurtful- just harmless prank calls that i and others consider funny. I want to share a laugh on YouTube with everyone; but it has come to my attention that there are some bizarre wiretapping laws that could potentially turn me into a felon. I would assume there needs to be a victim in this case in order to prosecute or am i instantly guilty? Please excuse my ignorance but i do not want to potentially be giving stand-up comedy inside a jail cell. I feel silly myself even asking this sort of question and I am aware some may perceive this as juvenile; but please entertain my question with seriousness that i expect from a professional. Is there any disclaimers i would need to present first? I would hate to let good entertainment go wasted. Thanks again for your incredible input.

 

[davew128]

Sorry, I saw that movie in 1995 after listening to their underground tapes for years. I still enjoy listening to Mr. Brennan do voice work on Family Guy.

 

[FlyingRon]

First off, Florida is an ALL PARTY state. You can not record calls without the consent of ALL parties to the conversation.

Your calls do not need to be obscene to be illegal. If you do not disclose your identity and intend to annoy (you may find it personally humerous, but your victim is likely annoyed to be at the brunt of the joke), It's a second degree misdemeanor there.

Some states have even more restrictive electronic communication laws.

 

[CivilianKano]

First off, Florida is an ALL PARTY state. You can not record calls without the consent of ALL parties to the conversation.

Your calls do not need to be obscene to be illegal. If you do not disclose your identity and intend to annoy (you may find it personally humerous, but your victim is likely annoyed to be at the brunt of the joke), It's a second degree misdemeanor there.

Some states have even more restrictive electronic communication laws.

1. How the humble comedians ever release prank phone calls if they would be criminals?

2. Can the law press charges without a victim?

3. I acknowledge the law, but is this law ever enforced over youtube videos?

4. Is there any way around this? Is this just a state law? So for example can i publish/record phone calls in a state where it is legal to record phonecalls without the consent of both parties?

 

[cyjeff]

Okay, so you got your answer and now want to dispute it?

1. I don't know. Ask them if they were ever sued or prosecuted.

2. Yes. There was a victim - you just didn't bother to identify that victim. The victim will be referred to as Jane or John Doe.

3. All the time.

4. Doesn't matter where you are living when you publish them. It matters where you were when you made them.

You haven't even considered that the victims of your "harmless" pranks may not see it the same way you do. You wouldn't be the first person to find that making money just gives your victims more to sue for when they find you.

As you may be able to tell, I find such humor decidedly unfunny - why not just knock down handicapped people or startle old folks?

Whatever happened to impersonations and fart jokes?

 

[FlyingRon]

The most obvious ones operate in states where it is legal and frankly, they are highly staged no matter what they appear.

The victim is the STATE. The case will be the State of Florida vs. CivilianKano not any individual victim.
Further there is a victim. The brunt of the joke is being harassed illegally by you.
You can bet the law is enforced. Google "PrankNet"
It is illegal in Florida or any two party state to record if either party is there. There's no weaseling around this that you can legally avail yourself of.

In addition to the criminal affects, your videos will certainly go poof upon the complain of the victim on youtube.
Furhter, you can be SUED.

 

[CivilianKano]

Thank you for all your incredible and thorough responses! I understand your points completely and respect your professional answers and feedback. Let me also say defense i would never poke fun or physically assault anyone- let alone the handicapped.

Before i hang up my comedians Hawaiian shirt, i have one last question:

Outside of the possibility of being sued by the victim, are there any statute of limitations on these pranks? If the harassment recorded was taken place over 5 years ago, for example

 

[FlyingRon]

At five years you should be clear of the possibilities of misdemeanor charges in Florida (it's 2 years with possible tolling for another 3).

 

[cyjeff]

Ron, would that be 5 years from the publication of the videos/audio recordings on YouTube?

 

[FlyingRon]

No, it's five years between when you committed the crime (made the illegal phone calls) and the time prosecution commences (i.e., you are charged). However, posting the stuff on you tube certainly starts the clock on any civil actions.

 

[CivilianKano]

thanks again to all of you that answered my questions to the fullest of your ability and for the professionalism. I appreciate your time, cheers!