Published November 28, 2012
| Fox News Latino
Picture this: You're in an elevator, the lights flicker, and out of no where a ghostly (partly demonic) little girl appears holding a doll while screaming bloody murder. (FULL VIDEO PRANK BELOW)
This is exactly what happened on a Brazilian television practical joke show when unsuspecting elevator passengers got the scare of a lifetime. Passengers would get on the elevator and a trick door would open allowing a little girl to secretly come into the elevator. The lights would shut off, and the screaming would begin.
But is the prank legal? On America Live with Megyn Kelly on Fox News Channel, lawyers debated that very question.
"I think it may have crossed the line of reasonableness," Arthur Aidala, a prosecutor-turned-defense-attorney said.
Aidala said it could be "intentional affliction of extreme emotional disturbance."
"Basically you're trying to freak people out."
The lawyer argued that it's a matter of degree in terms of practical jokes.
"There is this, and then there is the whoopee cushion" he said.
"This was really just a joke," said Jonna Spilbor, a former prosecutor and defense attorney. "The point is nobody suffered a heart attack, nobody fell down and hurt themselves, nobody got actually damaged."
"If you don't have damages, you can't have a lawsuit."
But elevator passengers maybe able to argue that they suffered emotional trauma after the prank.
"They would need to show some significant treatment by a psychologist or psychiatrist," Aidala said on America Live. "But lets face it if someone got sick, if they didn't know someone was taking Nytroglecirin for a bad heart, and they did have a heart attack, this segment would be very different."
Luckily, there were no physical injuries as a result of the prank.
The YouTube video so far has been seen by 6 million people. And according to lawyers, that could be another legal issue in and of itself.
"Did anyone sign a release?" Aidala asked about the unsuspected passengers on the elevator. "You know someone is making money off of this."
There is no official word on whether or not contestants on the show signed a release or whether or not the elevator passengers were paid to be on the show.