Is it a Crime to Play a Prank on Someone?

You may be charged with a criminal offence for playing a prank on someone. This was a lesson learnt by two men, known by the name F–kry in the Six, in May 2017. They were arrested after a series of prank videos were posted on their online accounts. It is alleged that they committed numerous criminal offences in carrying out these pranks, including mischief and criminal harassment. According to the men, their actions should not be deemed criminal as their intention was not to commit an offence but merely to prank the complainants.

Mischief According to Criminal Code

Mischief is defined in section 430 of the Criminal Code. Every person commits mischief who wilfully destroys or damages property; renders property dangerous, useless, inoperative or ineffective; obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. Every one commits mischief who wilfully destroys or alters computer data; renders computer data meaningless, useless or ineffective; obstructs, interrupts or interferes with the lawful use of computer data; or obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access it.

Punishment for Mischief

Every person who commits mischief that causes actual danger to life is guilty of an indictable offence and is liable to imprisonment for life. Additionally, anyone who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars is guilty of an indictable offence and could be liable to imprisonment for a term not exceeding ten years, or could be guilty of an offence punishable on summary conviction.

Every person who commits mischief in relation to property, other than property that is a testamentary instrument or the value of which exceeds five thousand dollars, is either guilty of an indictable offence liable to imprisonment for a term not exceeding two years, or guilty of an offence punishable on summary conviction.

Mischief Relating to Religious Property

Everyone who commits mischief in relation to property that is a building, structure or part thereof primarily used for religious worship, like a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, is guilty of an offence. This also applies if the mischief is committed due to bias, prejudice, or hate based on religion, race, colour, or national or ethnic origin. The offender can be guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Mischief Relating to War Memorials

Anyone who commits mischief relating to property that is a building, structure or part thereof primarily serving as a monument to honour those who were killed or died due to war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons situated in or on the grounds of such a building or structure, or a cemetery commits an offence. The offence is either indictable or punishable on summary conviction. The liability includes, whether the offence is prosecuted by indictment or punishable on summary conviction, a minimum punishment of a fine of not less than $1,000 for a first offence, imprisonment for not less than 14 days for a second offence, and imprisonment for not less than 30 days for each subsequent offence. If the offence is prosecuted by indictment, the punishment may extend to imprisonment for a term not exceeding 10 years. If it is punishable by summary conviction, the punishment can be imprisonment for a term not exceeding 18 months.

Mischief Relating to Cultural Property

Every person who commits mischief in relation to cultural property, as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, set out in the schedule to the Cultural Property Export and Import Act, is guilty of a crime. Such a person is either guilty of an indictable offence and could be liable to imprisonment for a term not exceeding ten years, or could be guilty of an offence punishable on summary conviction.

Mischief Relating to Computer Data

Everyone who commits mischief in relation to computer data is guilty of an offence. Such a person can either be guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or be guilty of an offence punishable on summary conviction.

No person commits mischief within the meaning of this section by reason only that they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment, or stop work due to the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment. Nor does a person commit mischief if they stop work as a result of participating in a combination of workmen or employees for their own reasonable protection as workmen or employees.

No person is judged to commit mischief within the meaning of this section by reason only that they attend at or near or approach a dwelling-house or place solely for the purpose of obtaining or communicating information.

In this section, the term “computer data” carries the same meaning as it does in subsection 342.1(2). This section is associated with legislative acts, namely, “R.S., 1985, c. C-46”, “R.S., 1985, c. 27 (1st Supp.), s. 57”, “1994, c. 44, s. 28”, “2001, c. 41, s. 12”, “2005, c. 40, s. 3”, and “2014, c. 9, s. 1, c. 31, s. 19”.

Consult Criminal Lawyers for Mischief or Harassment Charges

While playing a prank may seem harmless, certain pranks can lead to criminal charges in Canada. Pranks that involve damaging property, obstructing its use, or interfering with someone’s lawful enjoyment of their property can result in mischief charges, carrying penalties of up to 10 years in prison for serious offences.

If you are facing criminal charges related to a prank, it is essential to seek legal representation immediately. The experienced Toronto criminal defence lawyers at Pyzer Criminal Lawyers can assess your case and build a strong defence. Contact us today to discuss your legal options.