Penal Code § 653m PC - Annoying Phone Calls
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1. What is Annoying Phone Calls?
Penal Code § 653m PC Law Reads As Followed:
653m. (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.
(c) Any offense committed by use of a telephone may be deemed to have been committed when and where the telephone call or calls were made or received. Any offense committed by use of an electronic communication device or medium, including the Internet, may be deemed to have been committed when and where the electronic communication or communications were originally sent or first viewed by the recipient.
(d) Subdivision (a) or (b) is violated when the person acting with intent to annoy makes a telephone call or contact by means of an electronic communication device requesting a return call and performs the acts prohibited under subdivision (a) or (b) upon receiving the return call.
(e) Subdivision (a) or (b) is violated when a person knowingly permits any telephone or electronic communication under the person’s control to be used for the purposes prohibited by those subdivisions.
(f) If probation is granted, or the execution or imposition of sentence is suspended, for any person convicted under this section, the court may order as a condition of probation that the person participate in counseling.
(g) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, facsimile machines, pagers, personal digital assistants, smartphones, and any other device that transfers signs, signals, writing, images, sounds, or data. “Electronic communication device” also includes, but is not limited to, videophones, TTY/TDD devices, and all other devices used to aid or assist communication to or from deaf or disabled persons. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
2. What are Examples of Penal Code § 653m PC?
Repeated Harassing Calls:
- Example: John frequently calls his ex-girlfriend multiple times late at night, even after she has asked him to stop. He doesn’t leave messages but lets the phone ring incessantly, waking her up and disturbing her peace. Despite the lack of conversation, his repeated calls with the intent to annoy her constitute a violation.
Obscene or Offensive Language:
- Example: Sarah gets into an argument with a coworker and later sends them multiple text messages filled with profanities and vulgar comments. Even though the texts are not sexually explicit, the obscene and offensive language intended to harass the coworker is enough to violate Penal Code § 653m PC.
Threatening Phone Calls:
- Example: After an argument, Mike calls his neighbor and leaves a voicemail threatening to damage their car if they don’t keep their dog from barking. This threat to cause harm to the neighbor’s property qualifies as a violation, as it involves using threatening language with the intent to harass or intimidate.
Harassing Text Messages or Emails:
- Example: Jane and her roommate have a disagreement about their living arrangement. Jane begins sending her roommate several text messages a day with rude, insulting, and threatening remarks. The repeated electronic communication intended to harass or annoy violates Penal Code § 653m PC.
Using a Phone Call to Fake an Emergency or Cause Fear:
- Example: Mark is angry with his neighbor for blocking his driveway. He calls his neighbor, pretending to be a police officer, and falsely claims they are under investigation. This deceptive phone call, meant to cause fear and annoyance, is a violation of Penal Code § 653m PC.
Allowing Someone Else to Use Your Phone for Harassment:
- Example: Lisa lets her friend use her phone, knowing that her friend plans to call their ex repeatedly to leave harassing messages. Even though Lisa didn’t make the calls herself, she can still be charged if it’s proven she permitted her phone to be used for this purpose.
3. What are the Common Defenses Against Penal Code § 653m PC?
Lack of Intent to Harass or Annoy:
Explanation: One of the key elements that must be proven in these cases is that the defendant intended to harass, annoy, or disturb the recipient. If the communication was made without this intent, such as in a moment of frustration or misunderstanding, the defendant may argue that their actions do not meet the criteria for a Penal Code § 653m violation.
Example: If you made a single call to an individual to discuss an urgent matter, but they perceived it as annoying, it might be difficult for the prosecution to prove that you intended to harass them.
False Accusations:
Explanation: In some cases, the alleged victim may have a motive to falsely accuse the defendant, perhaps out of revenge, anger, or a misunderstanding. If there’s evidence that suggests the accusations were fabricated, this can be a powerful defense.
Example: An ex-partner might claim you made harassing calls to them after a breakup, even if you didn’t make such calls. Showing phone records or other evidence can help disprove their claims.
Protected Free Speech:
Explanation: The First Amendment protects free speech, meaning not all offensive or upsetting communications are illegal. If your communication did not involve threats of violence or obscene language, and it was simply an expression of opinion, you might argue that it falls under protected speech.
Example: Expressing frustration or anger during a heated exchange, without crossing into threats or obscene language, could be defended as a protected form of free speech.
Communication Was Not Obscene or Threatening:
Explanation: The law specifies that the communication must involve obscene language or threats to be considered a violation. If the prosecution cannot prove that your language was obscene or that you made a genuine threat, this defense could be effective.
Example: If you used harsh language during a disagreement, but it wasn’t obscene or threatening by legal standards, your attorney can argue that the content of your communication does not meet the requirements for a Penal Code § 653m violation.
No Repeated Communications:
Explanation: Penal Code § 653m often involves repeated calls or messages. If the communication was a one-time occurrence, it may be insufficient to establish a violation unless it involved threats or obscene language.
Example: If you only called someone once and there were no threats or obscene content, the charge might not hold up, as the statute typically applies to repeated behavior.
You Were Not the Person Who Made the Call or Communication:
Explanation: It’s possible for someone to be wrongly accused if they didn’t actually make the call or send the message themselves. If you can provide evidence showing that you were not responsible for the communication, this can be a valid defense.
Example: If someone else used your phone or electronic device without your knowledge, and they made the harassing calls or messages, you could argue that you were not involved.
Consent by the Alleged Victim:
Explanation: If the alleged victim consented to the communication or engaged in a back-and-forth exchange with you, it might weaken the claim that you were acting with the intent to harass or annoy.
Example: If the alleged victim willingly continued a conversation with you and did not clearly express a desire for you to stop contacting them, it could be argued that the communication wasn’t entirely unwanted.
The success of these defenses will often depend on gathering strong evidence, such as phone records, witness statements, or any documented proof of the interactions. It’s crucial to consult an experienced criminal defense attorney who can assess the specifics of your case, help you understand your rights, and build an effective defense strategy tailored to your situation.
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4. What are The Penalties for Violating Penal Code § 653m PC?
Misdemeanor Conviction:
In most cases, a violation of Penal Code § 653m PC is charged as a misdemeanor. The penalties for a misdemeanor conviction may include:
Jail Time: Up to 6 months in county jail.
Fines: A fine of up to $1,000.
Probation: The court may impose misdemeanor probation (also known as summary or informal probation), which typically lasts 1 to 3 years. This may include conditions such as:
Regular check-ins with a probation officer
Completion of community service
Counseling or anger management classes
No-contact orders with the victim
Aggravating Factors and Repeat Offenses:
The penalties can be more severe if there are aggravating factors, such as:
A history of prior convictions for similar offenses
The presence of threats involving violence or harm to the recipient or their family
Targeting the victim based on race, religion, gender, or other protected characteristics
In such cases, the defendant may face the maximum jail time and fines allowed for a misdemeanor, and the terms of probation may be stricter.
Restraining Orders:
In addition to the criminal penalties, the court may issue a restraining order against the defendant. This order may prohibit any contact with the victim, including phone calls, text messages, emails, or any other form of communication. Violating this restraining order can result in additional criminal charges and penalties.
Permanent Criminal Record:
A conviction for violating Penal Code § 653m PC results in a permanent criminal record, which can have long-term consequences, such as difficulties finding employment, housing, or professional licensing.
Potential Enhancements or Related Charges
Stalking (Penal Code § 646.9 PC): If the harassing phone calls or communications are part of a pattern of stalking behavior, the defendant could face additional charges under Penal Code § 646.9 PC. Stalking is a more serious offense that can be charged as a felony, leading to even more severe penalties, including up to 5 years in state prison.
Terrorist Threats (Penal Code § 422 PC): If the communication involved threats of significant harm, such as threatening to kill or seriously injure the recipient, the defendant could be charged with making criminal threats. This offense can be charged as either a misdemeanor or felony (“wobbler”), and felony convictions carry up to 3 years in state prison.
Additional Consequences
Impact on Immigration Status: For non-citizens, a conviction under Penal Code § 653m PC can have immigration consequences, potentially affecting visa status, green card eligibility, or leading to deportation.
Loss of Professional Licenses: Individuals holding professional licenses (e.g., nurses, teachers, or real estate agents) may face disciplinary action or even loss of their license upon conviction.
Violating Penal Code § 653m PC can result in various penalties, ranging from fines and probation to jail time and long-term impacts on your personal and professional life. If you are facing charges under this statute, it’s essential to seek legal representation from an experienced criminal defense attorney who can help you navigate the complexities of the legal system and work towards the best possible outcome in your case.
5. What are the Related Offenses To Penal Code § 653m PC?
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Penal Code § 646.9 PC – Stalking:
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Overview: Stalking involves willfully, maliciously, and repeatedly following or harassing another person, coupled with making credible threats that place the victim in reasonable fear for their safety or the safety of their immediate family.
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Relation to Penal Code § 653m PC: Repeated harassing phone calls or electronic communications can be part of a stalking pattern, leading to additional charges under this statute. Stalking is considered a more severe offense and can be charged as a felony, with penalties including up to 5 years in state prison.
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Penal Code § 422 PC – Criminal Threats:
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Overview: This law makes it illegal to willfully threaten to commit a crime that will result in death or great bodily harm to another person. The threat must be conveyed verbally, in writing, or electronically, and it must be specific, immediate, and cause the recipient to be in sustained fear for their safety.
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Relation to Penal Code § 653m PC: If an individual makes a threatening phone call or sends an electronic message with threats of serious harm, they could be charged with both annoying phone calls and criminal threats. A conviction for criminal threats can be a felony, carrying a potential prison sentence of up to 3 years.
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Penal Code § 415 PC – Disturbing the Peace:
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Overview: Disturbing the peace involves fighting or challenging someone to fight in public, making loud or unreasonable noises, or using offensive words likely to provoke a violent reaction.
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Relation to Penal Code § 653m PC: Repeated phone calls with loud, offensive, or disruptive language can sometimes be charged as disturbing the peace. This offense is typically a misdemeanor and carries lighter penalties than Penal Code § 653m PC.
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Penal Code § 602.7 PC – Unauthorized Use of a Communication Device:
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Overview: This statute prohibits unauthorized use of another person’s telephone or communication device to make calls or send messages. It also covers situations where someone knowingly allows another person to use their device for harassing communications.
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Relation to Penal Code § 653m PC: If someone uses another person’s phone to make annoying or harassing calls, or if they permit someone else to use their phone for such purposes, they could be charged under both Penal Code § 653m PC and § 602.7 PC.
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Penal Code § 653.2 PC – Electronic Cyber Harassment:
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Overview: Penal Code § 653.2 PC makes it a crime to use an electronic communication device to harass another person by sending information intended to place them in fear for their safety. This includes distributing personal information or sending threatening messages.
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Relation to Penal Code § 653m PC: Both offenses involve electronic communications, but Penal Code § 653.2 PC specifically addresses harassment that causes the victim to fear for their safety or feel harassed, often involving social media or other online platforms.
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Penal Code § 591 PC – Damaging Phone or Communication Lines:
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Overview: This statute makes it illegal to unlawfully cut, remove, or damage any telephone or communication lines or equipment.
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Relation to Penal Code § 653m PC: In some harassment cases, the perpetrator may damage or tamper with communication devices to prevent the victim from seeking help, leading to charges under both Penal Code § 653m PC and § 591 PC.
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Understanding the Connection Between These Offenses
While Penal Code § 653m PC specifically targets annoying or harassing phone calls and electronic communications, these related offenses cover broader behaviors that involve harassment, threats, or unwanted interactions. Depending on the circumstances, an individual could face multiple charges, resulting in more severe penalties and potential felony convictions.
If you’re facing charges related to Penal Code § 653m PC or any of these related offenses, it’s crucial to understand the complexities and potential consequences. Seeking experienced legal representation can help you navigate the legal system and develop a strong defense strategy to protect your rights and future.
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