Over $300,000 in Fines for the Shedeur Sanders Prank Phone Call? When could a prank phone call lead to criminal charges in New Jersey or Pennsylvania?
Recently the National Football League (NFL) fined the Atlanta Falcons and their Defensive Coordinator, Jeff Ulbirch, for a prank phone call made to now Cleveland Browns Quarterback Shedeur Sanders. Sanders was supposed to go in the first round of the NFL draft. He unexpectedly slid to the 5th round and his fall was unfortunately captured on national television. At least one person decided to take advantage of this situation.
During the long wait, Sanders received a prank phone call which came from the son of the Atlanta Falcon’s defensive coordinator. The Falcons were fined $250,000 while Ulbrich was fined $100,000. Many have questioned if the fine against the Falcons and the coach was appropriate but the NFL issued a statement indicating that the fine was “for failing to prevent the disclosure of confidential information distributed to the club in advance of the NFL Draft.”
While it appears that this incident won’t become either a criminal or civil case, it does present an opportunity to explain how prank phone calls can, in some cases, become a criminal matter in Pennsylvania and New Jersey.
Could a Prank Phone Call Constitute a Terroristic Threats and Recklessly Endangering Another Person in Pennsylvania (REAP)?
Based on our understanding of the Sanders prank phone call, it is unlikely that it would be considered Terroristic Threat or REAP. There is no evidence that Sanders was threatened with violence or put in fear that something could happen to him or his family.
Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank – felony of the third degree).
While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to prove different elements beyond a reasonable doubt to support a conviction. This is the evidentiary standard in any criminal trial.
A prank phone would likely NOT lead to a REAP charge in Pennsylvania. REAP is a misdemeanor of the second degree and it is committed when the accused person “recklessly engages” in conduct which puts or threatens to put another person in fear of death or serious bodily injury. It is important to understand that this crime focuses not only on the actions of the accused but also on the reaction of the alleged victim.
If you’re charged with REAP it is critical that your criminal defense attorney attempt to show that the alleged victim didn’t exhibit any sign of fear or apprehension during the incident. Your criminal defense lawyer can do this through a cross examination of the victim which demonstrates that this person initiated an argument or a fight or at the very least acted aggressively during the incident; a prank phone call wouldn’t fit these criminal elements.
The prosecution won’t be able to establish the elements of REAP if the defense can show that the alleged victim was not in fear of death or serious bodily injury. Remember that the defense only has to establish reasonable doubt and that type of doubt exists if a fact finder (judge or jury) has to “pause” when considering whether a person is guilty of a crime.
If your criminal defense attorney only focuses on the action of the accused and doesn’t consider the reaction of the victim, he is putting together a weak defense because in most situations the accused person has demonstrated some show of force either through words or actions.
Terroristic Threat
A show of force or communication of force is also an element of Terroristic Threats which, again, is a misdemeanor unless it involves a communication which threatens a group of people in a building or public area (yelling fire in a movie theater). The crime of terroristic threat, unlike REAP, focuses exclusively on the actions of the accused and the reaction of the victims isn’t part of the elements of this criminal charge.
If you’ re charged with terroristic threats it is important that your criminal defense lawyer focus on the Mens Rea element of this crime.
Mens Rea is the intent part of this crime while Actus Rea refers to the actual physical act. Your criminal defense attorney can establish reasonable doubt if he can show that the alleged terroristic threat was a “spur of the moment” reaction which resulted from some argument or fight (“I’m going to punch you in the face or shoot you”).
A spur of the moment reaction doesn’t equate to a terroristic threat and the prosecution won’t be able to establish guilt beyond a reasonable doubt if they can only show that the threat was made without demonstrating that the accused intended to “terrorize” the victim with that threat.
While one prank phone call that doesn’t contain some type of threat wouldn’t lead to a criminal charge, a call in which the communicator did issue some sort of threat could rise to the level of terroristic threat in Pennsylvania and New Jersey if the threat involved violence or if it was in certain public setting. Multiple calls could also lead to an harassment charge in Pennsylvania and New Jersey.
Prank Phone Calls & Harassment in Pennsylvania
Pennsylvania defines harassment as the intent to harass, annoy, or alarm another person in any of the following ways:
- Strike, shove, kick, or otherwise subject a person to physical contact or attempt to threaten to do the same.
- Follows the other person in or about a public place.
- Engages in course of conduct where repeatedly commit acts which serve a vigilante purpose.
- Communicates to about such other person and elude ravish, threatening or obscene words, language, drawing, or other images.
- Communicates repeatedly in a numinous matter
- Communicates repeatedly in an extremely inconvenient hour
- Communicates repeatedly in a manner otherwise specified in previous paragraphs.
Harassment is normally graded as a summary offense, but it can be graded as a misdemeanor. The form of communication is not limited to oral, but is also considered any message conveyed non-verbally, written, or electronic.
A course of conduct is any pattern composed of more than one act over a period of time, however short. Acts which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of continuing pattern of conduct or a course of conduct.
In Pennsylvania, the maximum fine for a summary offense is generally $300; substantially less than what the NFL fined the Falcons and the coach in the Sanders case. Summary offenses can also include other penalties, such as a maximum jail sentence of 90 days, restitution, and license suspension.
Prank Phone Calls & Harassment in New Jersey
New Jersey, like Pennsylvania, defines harassment as communication with the purpose to alarm or seriously annoy another person . Unlike Pennsylvania, however, New Jersey considers harassment even if it occurs in one communication as opposed to several. New Jersey considers harassment a petty disorderly person offense which is the equivalent of a summary offense in Pennsylvania. (See 2C:33-4) (See Title 18, Section 2709).
In New Jersey, the Sanders incident could have possibly led to a criminal charge in the form of a criminal complaint, but again I do not believe that this is likely. A conviction for a disorderly persons offense can result to impose a fine of up to $1,000 for a disorderly persons offense and $500 for a petty disorderly persons offense in New Jersey N.J.S.A. 2C:43-3(c). A defendant is required to pay additional assessments upon being convicted or pleading guilty to such a charge.
If you are charged with terroristic threat, REAP or harassment contact our criminal defense law firm today! We represent persons accused of these crimes and offenses in New Jersey and Pennsylvania!
