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We are the Law Offices of Steven J. Pisani, and we have seen firsthand how social media trends can lead to legal consequences. Our founding attorney, Steven J. Pisani, has built his career on protecting the rights of people facing criminal accusations in Denver and across Colorado.
With years of experience as a Denver criminal defense lawyer, he understands how quickly a seemingly harmless act can escalate into a serious legal matter. This is particularly true when it comes to viral social media trends, where entertainment and shock value often overshadow safety and legality.
In recent years, TikTok has emerged as one of the most popular social media platforms in the world. While it has provided creative outlets for millions, it has also given rise to dangerous and sometimes illegal challenges.
We have represented clients who participated in what they believed were innocent pranks, only to find themselves facing criminal charges. Our goal in this discussion is to explain how Colorado law applies to TikTok challenges, what risks exist, and what legal options you have if a prank goes wrong.
TikTok challenges are short-form video trends that encourage users to perform certain tasks, dances, stunts, or pranks and share them online. While some challenges involve harmless activities like cooking recipes or lip-syncing, others involve risky or illegal behavior.
Challenges have included dangerous actions such as property destruction, theft, harassment, and even physical assault. For example, the “Devious Licks” challenge that circulated in schools nationwide encouraged students to steal or vandalize school property. In Colorado, incidents tied to such challenges have led to school suspensions, police involvement, and criminal prosecutions.
As a defense attorney in Denver, we often see how a person’s intent is far less important in the eyes of the law than the outcome of their actions. A participant may claim that they meant no harm, but if their actions meet the legal definition of a crime, they can be charged and prosecuted.
Under Colorado law, intent, harm, and risk all play a role in determining whether a prank rises to the level of criminal conduct. Many viral challenges can violate multiple statutes, even if they are done for entertainment purposes.
Criminal mischief occurs when someone knowingly damages the real or personal property of another. In Colorado, the severity of the charge depends on the value of the damage. If a TikTok challenge involves property destruction—such as damaging school bathrooms or breaking windows—it can result in misdemeanor or felony charges (C.R.S. § 18-4-501).
Theft charges can apply if a challenge involves taking someone else’s property without permission, even temporarily. For example, stealing a street sign or taking school equipment for a video can be considered theft in Colorado (C.R.S. § 18-4-401).
If a prank involves unwanted physical contact, obscene gestures, or repeated taunting, harassment charges may apply. Harassment is a class 3 misdemeanor in Colorado and can result in up to six months in jail and fines (C.R.S. § 18-9-111).
This law makes it a crime to recklessly engage in conduct that creates a substantial risk of serious bodily injury to another person. Many physical stunts and dangerous dares meet this definition, even if no one is hurt (C.R.S. § 18-3-208).
If someone is injured during a challenge, assault charges can follow. The degree of assault depends on the severity of the injury and the circumstances, but even minor injuries can result in criminal charges.
A 2022 report from the Centers for Disease Control and Prevention found that approximately 15% of surveyed high school students had participated in an online challenge that involved physical risk in the previous year. The National Center for Missing & Exploited Children reported multiple incidents nationwide where TikTok challenges led to serious injury or death.
In Colorado, several police departments have issued public warnings about dangerous TikTok trends. The Denver Police Department has addressed incidents involving theft, vandalism, and harassment connected to social media videos. While official statewide statistics are limited, local law enforcement reports show a pattern of increased school-based incidents since 2021.
Filming pranks in public areas such as malls, schools, or parks increases the likelihood of police involvement. Property owners or bystanders may contact law enforcement if they feel threatened or witness illegal behavior.
In many TikTok challenge cases, the participants post clear video evidence of their actions online. Prosecutors can and do use this content in court. The visibility of these videos can also lead to public backlash, influencing the perception of the case.
Even if you are not the person physically committing the act, you can be charged as an accomplice under Colorado law if you aided, abetted, or encouraged the behavior. In group challenges, this legal principle often results in multiple defendants facing charges for the same incident.
The penalties for participating in an illegal TikTok challenge vary depending on the specific charges. For example:
Because criminal records can have lasting effects on education, employment, and housing opportunities, even a misdemeanor charge can have life-changing consequences.
As a criminal charges defense attorney in Denver, we evaluate every aspect of your case to identify potential defenses. Common strategies include:
We start by gathering all available evidence, including video footage, witness statements, and law enforcement reports. We assess whether the prosecution can prove each element of the charge beyond a reasonable doubt. Our criminal defense law firm in Colorado is proactive in negotiating with prosecutors to seek reduced charges or alternative sentencing, especially for first-time offenders.
In some cases, we pursue diversion programs or deferred judgment agreements that allow clients to avoid a permanent criminal record. We also provide guidance on managing the online content that may be used against you, ensuring that you do not inadvertently harm your own defense.
We encourage all clients to think critically before participating in or sharing content related to potentially dangerous challenges. Ask yourself:
Avoiding risky challenges not only keeps you safe but also helps you avoid the significant costs and stress of a criminal case.
Can I be charged even if no one was hurt?
Yes. In Colorado, charges like reckless endangerment or harassment do not require actual injury, only that your conduct created risk or caused annoyance.
What if I delete the video after posting it?
Deleting the video does not erase potential liability. Others may have downloaded or shared the content, and law enforcement can obtain copies from the platform.
Can minors face criminal charges for TikTok pranks?
Yes. Minors can face juvenile delinquency proceedings for the same conduct that would be criminal if committed by an adult. These proceedings can still have serious consequences.
Will this go on my permanent record?
A conviction will appear on your criminal record. Some offenses can be sealed under Colorado law, but others, particularly violent felonies, cannot.
Do I need a lawyer if I am under investigation but not charged yet?
Yes. Early legal representation can prevent charges from being filed or help shape a more favorable resolution.
Social media trends can be entertaining, but they can also cross the line into criminal conduct. As a defense attorney in Denver, we have seen the real-world consequences of online pranks gone wrong. A moment of poor judgment can result in criminal charges, public embarrassment, and long-term legal consequences.
If you or your child is facing charges related to a TikTok challenge, contact our criminal defense law firm in Colorado immediately. We will protect your rights, evaluate the evidence, and fight for the best possible outcome. At the Law Offices of Steven J. Pisani, we are committed to helping our clients navigate these complex and high-profile cases with skill, discretion, and determination.
