While there is no law in Texas that says prank calls are illegal, it is possible that they could qualify as criminal harassment.

For whatever reason, some people engage in prank calls. Whether this is a way to “get back” at someone, or simply amuse oneself, the content and/or number of calls may have criminal consequences. If you call a certain number enough times and the communications are traced back to you, you could possibly be charged with Harassment under Section 42.07 of the Texas Penal Code. Subsection 42.07(a)(4) states: “A person commits an offense [harassment] if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.” Even if nothing is actually said during multiple phone calls, law enforcement may choose to take a report of Harassment seriously.

Depending on the information the targeted person provides, to include circumstantial evidence and the use of unmasking apps like TrapCall, law enforcement may argue that the communications are reasonably traceable to you. This remains a possibility even if you dialed *67 to mask your phone number as “Restricted” or “No Caller ID.” In more extreme cases, where law enforcement believes there is probable cause that you have committed harassment, a search warrant may be issued to obtain records from your cellphone service provider. Often, records of outgoing calls will show enough information to support the allegation that you made repeated telephone communications anonymously, dialing *67 or using certain apps to conceal your actual phone number from the person receiving the calls.

If you’ve never been convicted of Harassment before, you didn’t commit the offense with the intent to cause a child under the age of 18 to commit suicide or seriously hurt themselves, and you haven’t previously violated a temporary restraining order or injunction where cyberbullying of a child is concerned, you may face a Harassment charge categorized as a Class B Misdemeanor in connection to the scenario described. This carries the possibility of jail time of up to 180 days (six months) and a fine of up to $2,000. Ultimately, the likelihood of being charged with Harassment increases when (1) the calls are repeated (they may or may not contain communications considered “reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another”); (2) the person(s) receiving the call makes a police report; and (3) law enforcement traces the communications back to you and decides to go through with sending the case to the Criminal District Attorney’s office, which will likely proceed with prosecuting you.

Needless to say, what may seem harmless, mutual, or a minor matter of unkind words may result in something serious and costly. While Harassment is only a misdemeanor, a conviction for this offense may disqualify you from fulfilling certain character-related requirements for enlisting in the U.S. military, applying for U.S. citizenship or an immigration status/benefit, and seeking a professional license, among other things. A qualified criminal defense attorney should be aware of these possible consequences and work to achieve an outcome that protects your interests.