While they may be fun or seem harmless to the poster, some online pranks can harm other people. They can also use up valuable police resources until the police determine what is true and what is false. A few recent examples illustrate that youngsters, teenagers, and adults of all ages need to understand that social media, YouTube, and other internet pranks can lead to the filing of criminal charges in juvenile court and adult court.
11-year-old YouTuber arrested for prank
An 11-year-old Florida girl sent updates to the police for 90 minutes claiming that her friend, a 14-year-old, had been kidnapped by a man with a gun. The girl claimed that she was following the alleged kidnapper’s car. (The report did not explain why the statement that an 11-year-old was following another car failed to raise suspicions since 11-year-olds shouldn’t be driving.)
A dispatcher for the local sheriff’s office advised the sheriff’s office at 9:45 a.m. of a “suspicious incident reported by text message.” The sheriff’s deputies, along with officers from other departments and the sheriff’s aviation unit couldn’t locate the van.
Nearly an hour later, the sheriff’s deputies were able to track the girl’s cellphone to her home in Port Orange. Her father explained that she was inside the home with her family. The deputies were able to verify the 11-year-old girl was involved.
The girl, who claimed that the prank was part of a “YouTube challenge” said she thought the prank would be funny. Per reports, “The child was charged with making a false police report concerning the use of a firearm in a violent manner, a felony, and misuse of 911, a misdemeanor.” The young girl was handcuffed and taken to the Family Resource Center for processing for juvenile offenses. She was then transferred to the Volusia Regional Juvenile Detention Center.
Prankster receives 20-year jail sentence for fake 911 call that caused the death of an innocent man
The Washington Post reported in 2019 that a California man was sentenced to 20 years in prison for filing a false hostage threat to the Wichita police. The 26-year-old pled guilty to 51 charges filed in Kansas (home to Wichita), Los Angeles, and Washington DC. The charges were filed by the US Attorney’s office in the Central District of California.
The defendant was accused of calling in a false claim that he was inside the home of 28-year-old Andrew Finch and was being held hostage with a gun. Finch, not knowing that the false report had been filed, was shot by an officer on his porch.
The defendant, Mr. Barriss, informed authorities that he had made the call “at the request of Casey Viner, 19, who had gotten into a feud with Shane Gaskill, 20, while the two were playing ‘Call of Duty’ online.”
The officer who shot Finch was placed on paid leave. Both Viner and Gaskill are awaiting trial. The prank, known as “swatting,” usually involves tricking police into coming to the homes of celebrities – but has “become a way for people to escalate online disputes into the real world — punishing a rival with a surprise visit from a SWAT team.”
The US Attorney said that swatting is an “incredible disregard for the safety of other people.”
The Wichita charges against Barriss included counts of making a false report resulting in a death, conspiracy, and cyberstalking. The California and Washington DC charges were filed against Barriss alleging he was “the mastermind” behind many other swatting incidents and false reports.
Charges filed against TikTok prankster Mizzy
The gaming publication Dextero announced that Mizzy, a controversial “influencer,” was charged with “bursting into the cab of a train and fiddling with its controls in a viral video that’s sparking outrage online.”
Mizzy is the online name for 18-year-old Bacari-Bronze O’Garro. Mizzy is known for his videos “pulling inflammatory ‘pranks’” on unsuspecting strangers. In one prank, Mizzo ran off with the dog of an elderly woman. In other pranks, he asked people if they “want to die,” and entered the homes of complete strangers. For these video pranks, Mizzy was sentenced to a two-year criminal behavior order that forbids his trespassing on private property and filming people without their express consent.
The newest prank involved Mizzy and several other young people. As a result, new charges have been filed against him, including endangering safety.
Why you want a criminal defense attorney when online behavior affects real life
There is no doubt that each of these examples used up police resources and put people in danger; someone actually died as a result of a “prank.” So there should be no doubts that engaging in these behaviors can (and often does) lead to criminal charges.
And there should also be no doubt that police will use your online life if they believe it can help them. Police are using social media posts to bolster their arguments of intent to commit crimes. They will use your social media accounts as evidence against you in court. They may use your online profiles and behaviors as evidence of probably cause to search your home, vehicle, or business, or wiretap your phones.
This is why you want an experienced defense attorney on your side. At Carey Law Office, we advocate for you when police use your online accounts to justify a fishing expedition as opposed to genuine probable cause. We also ensure that your Constitutional rights regarding search and seizure have been upheld, and advocate on your behalf if they have been violated.
At Carey Law Office, we represent people charged with many different types of felonies and misdemeanors, including online crimes, online pranks, swatting pranks, video pranks, and other types of online conduct that allegedly led to crimes. We’ll affirm all your Constitutional rights, other defenses, and work to show the prosecution cannot prove its charges beyond a reasonable doubt. To assert your defenses and your rights, contact us today to schedule a consultation. We meet clients in Bowie, Crofton, and Owings. We also serve Calvert County.
My name is Joe Carey, and I am the founder and principal attorney of the Carey Law Office. I have lived in Maryland my entire life. I grew up in a small town in Prince George’s County and, with the help of my partner in life, Nancy, I raised my family here: three exceptional children (a son and two daughters), and two goofy, spoiled black Labrador Retrievers. Learn More