Q: I have read about “swatting,” where someone calls the police requesting a swat team be sent to a house because of supposed criminal activity (except it is a hoax). Can a prank become a criminal case?

-J.S., Orange

Ron Sokol 

A: Pranks can be funny, but circumstances may occur that turn intended mischief into something harmful and destructive. Can it then be deemed a crime? The typical elements of a criminal offense are: (a) prohibited conduct and (b) the mental element of a guilty mind or intention. Keep in mind culpable recklessness let alone willful misconduct can be found even if someone was “just trying to fool a friend.” Take swatting, which you mention: There could be a vehicular accident as the swat team races to the house. Or, the swat team may mistake someone there for an intruder and take forceful action against them. Even if a crime is not found, civil liability may arise if the prank involves negligent conduct that proximately causes damages to a third person. Bottom line, pranking can be risky, for others let alone the prankster.

Q: I was a contestant on a television show. What I want to know is just how far can a release-of-liability go? All the contestants had to sign a document about “assuming the risk,” agreeing we would not hold the show or any of its personnel responsible if we got injured.

-W.B., Lomita

A: Under California law, a release of liability provision in a contract (often called an exculpatory clause) is subject to a level of disfavor and may be narrowly construed. One purpose of such a clause is that a third party is seeking to avoid responsibility for participation in or encouragement of activity that results in injury or loss. To be clear, the assumption of risk doctrine is a strong defense. If you engage in conduct that has inherent risks — skiing, bungee jumping or car racing, for example — then you are deemed to have put yourself knowingly and voluntarily into harm’s way. Bottom line, there is criteria by which to evaluate the validity of an exculpatory clause. The fact you signed the agreement can well present a hurdle if you then seek to blame the other party in whole or in part should something go wrong. But if that party engaged in willful misconduct, or behavior that violates public policy, the exculpatory clause likely will not protect that party The answer to your inquiry therefore is that the strength of an exculpatory clause depends at least in part upon the circumstances.

Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at ronsesq@gmail.com.