Penal Code § 591 PC - Damaging Phone, Electrical or Utility Lines
1. What is Penal Code § 591 PC?
Penal Code § 591 PC Law Reads As Followed:
“A person who unlawfully and maliciously takes down, removes, injures, obstructs, or makes an unauthorized connection with any line of telegraph, telephone, or cable television, or any other line used to conduct electricity, or any part thereof, including any associated mechanical equipment, is guilty of a crime. The offense may be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s prior criminal record.”
2. What Are Examples of Penal Code § 591 PC?
California Penal Code § 591 PC makes it illegal to maliciously remove, damage, obstruct, or disconnect telephone, electrical, or utility lines. This law is designed to prevent individuals from interfering with communication systems and electrical infrastructure, which can have serious consequences, including obstructing emergency calls or tampering with security systems.
Violating this statute is a wobbler offense, meaning it can be prosecuted as either a misdemeanor or felony, depending on the circumstances and the defendant’s criminal record.
Common Examples of Penal Code § 591 Violations
To better understand how this law is applied, here are real-world scenarios where a person could be charged under Penal Code § 591 PC:
1. Cutting Phone Lines During a Burglary
A common example involves burglars cutting telephone or alarm system wires before breaking into a home or business. This is done to prevent the victim from calling for help or to disable security alarms. If caught, the burglar could face both burglary (PC 459) and damaging utility lines (PC 591) charges.
2. Destroying a Partner’s Cell Phone or Landline During a Domestic Dispute
In some domestic violence cases, one partner may break a phone, pull out a landline cord, or remove a cell phone battery to prevent the other person from calling 911. This action can lead to charges under Penal Code § 591 PC, even if no physical harm occurred. If the act was specifically done to stop the victim from seeking help, the individual may also be charged under Penal Code § 591.5 PC, which criminalizes damaging a communication device to prevent help.
3. Disrupting Electrical Lines in an Act of Vandalism
If someone intentionally damages an electrical box, cuts power lines, or disrupts a cable system to annoy a neighbor or cause property damage, they may be charged under Penal Code § 591 PC. For example, a tenant upset with their landlord might cut the power supply to the building out of frustration. This could result in criminal charges.
4. Tampering with Communication Lines in Workplace Retaliation
A disgruntled employee who cuts telephone lines, disrupts internet connections, or damages electrical systems in an office as an act of revenge could be prosecuted under Penal Code § 591 PC. Since businesses rely on these connections for daily operations, such actions could lead to serious consequences.
5. Removing the Battery from Someone’s Cell Phone During an Argument
Many people don’t realize that simply removing the battery from another person’s phone to stop them from making a call can qualify as a violation of Penal Code § 591 PC. Even without physical damage, interfering with a communication device in a malicious manner is punishable under this law.
6. Intentionally Disconnecting Utility Services
If a landlord, roommate, or another individual disconnects electricity, phone lines, or cable services to harass or retaliate against someone, they could face charges under Penal Code § 591 PC. For instance, a landlord shutting off power to force a tenant to leave may be breaking the law.
3. What are Common Defenses Against Penal Code § 591 PC?
California Penal Code § 591 PC makes it a crime to maliciously damage, obstruct, remove, or disconnect telephone, electrical, or utility lines. This law is intended to protect essential communication and power services from intentional disruption, particularly in situations where interference could prevent emergency assistance.
Violating this statute can result in either a misdemeanor or felony charge, depending on the circumstances of the case. However, there are several legal defenses that may help fight these charges.
Common Defenses Against Penal Code § 591 Charges
If you have been accused of violating Penal Code § 591, there are several legal strategies that a skilled criminal defense attorney can use to challenge the charges. Below are the most common defenses:
1. Lack of Malicious Intent
One of the key elements that the prosecution must prove is that you acted maliciously—meaning you intentionally did something wrong with the intent to harm, annoy, or injure another person.
If you damaged or removed utility lines accidentally or without malicious intent, you cannot be convicted under PC 591. For example:
If you were fixing a wire and unintentionally disconnected a phone line, this is not a crime.
If a strong wind knocked down a wire that you were working near, you cannot be held criminally responsible.
Your attorney can argue that your actions were not deliberate and that there was no intent to interfere with communication or electrical services.
2. The Damage Was an Accident
Even if you caused damage, an accidental action is not a crime under Penal Code § 591. The law only applies when the act is done with malicious intent.
Examples of accidental damage include:
A construction worker accidentally cutting a cable line while digging.
A homeowner unintentionally knocking down a telephone pole while backing out of their driveway.
If your defense attorney can demonstrate that the damage was accidental, the charges should be dismissed.
3. Necessity – The Act Was Justified Due to an Emergency
The necessity defense applies when a person had no reasonable alternative but to damage the utility lines in order to prevent a greater harm.
For example:
If you cut an electrical wire to prevent an electrical fire, your actions would be legally justified.
If you disconnected a phone line to stop an active threat to someone’s life, you may be able to argue necessity.
Your attorney will need to prove that:
There was an urgent emergency requiring you to act.
There were no reasonable alternatives other than damaging the utility lines.
4. Lack of Evidence
The prosecution must present sufficient evidence to prove that you committed the crime beyond a reasonable doubt. If there is no physical evidence, eyewitness testimony, or video footage, your attorney may argue that the prosecution’s case is weak and that there is no definitive proof linking you to the damage.
5. False Accusations or Mistaken Identity
It is possible to be wrongfully accused of violating PC 591 due to misunderstandings, personal disputes, or mistaken identity.
For example:
A landlord might falsely accuse a tenant of cutting power lines as retaliation.
A witness could mistakenly identify you as the person who damaged the wires.
If you have been wrongfully accused, your attorney can present witness testimony, surveillance footage, or alibi evidence to prove that you were not responsible for the crime.
6. No Damage Actually Occurred
In some cases, the prosecution may claim that damage was done, but there is no actual proof of damage. If there is no clear evidence that a utility, phone, or electrical line was removed, obstructed, or disconnected, the charges may be dropped.
Possible Penalties for Penal Code § 591 Violations
Since PC 591 is a wobbler offense, the penalties depend on whether it is charged as a misdemeanor or a felony:
Misdemeanor Conviction:
Up to 1 year in county jail
A fine of up to $1,000
Possible probation
Felony Conviction:
16 months, 2 years, or 3 years in county jail
A fine of up to $10,000
Possible formal probation
Additionally, a conviction could lead to employment restrictions, immigration consequences (for non-citizens), and a criminal record.
Why You Need an Experienced Criminal Defense Attorney
If you are facing Penal Code § 591 PC charges, you need a skilled criminal defense attorney to protect your rights and fight the accusations against you. At Grace Legal Group, we have extensive experience defending clients against criminal charges and will develop the strongest legal defense possible for your case.
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4. What are The Penalties for Violating Penal Code § 591 PC?
California Penal Code § 591 PC makes it a crime to maliciously damage, obstruct, remove, or disconnect telephone, electrical, or utility lines. This law is in place to protect essential communication and power services from intentional interference, which can prevent emergency calls, disable security systems, or disrupt essential utilities.
Because tampering with utility lines can have serious consequences, the law treats violations harshly, and the penalties can range from misdemeanor punishments to felony-level consequences depending on the facts of the case.
Is Penal Code § 591 a Misdemeanor or a Felony?
A violation of Penal Code § 591 PC is a “wobbler” offense, meaning that prosecutors have the discretion to charge it as either a misdemeanor or a felony depending on:
The severity of the offense (e.g., whether it resulted in harm or was part of a larger crime like burglary).
The defendant’s criminal history (e.g., whether the person has prior convictions).
Below is a breakdown of the penalties for both misdemeanor and felony violations.
Misdemeanor Penalties for Violating Penal Code § 591 PC
If charged as a misdemeanor, the penalties include:
Up to one (1) year in county jail.
A fine of up to $1,000.
Misdemeanor probation (instead of jail time, in some cases).
Misdemeanor probation typically involves community service, restitution to the victim, and counseling or anger management classes depending on the circumstances of the case.
Felony Penalties for Violating Penal Code § 591 PC
If charged as a felony, the potential penalties become much more severe:
16 months, 2 years, or 3 years in county jail.
A fine of up to $10,000.
Formal (felony) probation in some cases.
A felony conviction under Penal Code § 591 PC can have life-changing consequences, such as difficulty finding employment, losing certain professional licenses, and even possible immigration consequences for non-citizens.
Additional Consequences of a PC 591 Conviction
1. Impact on Employment and Background Checks
A conviction under Penal Code § 591 PC, especially a felony, can make it difficult to:
Secure employment in jobs that require background checks.
Maintain professional licenses (e.g., for healthcare workers, teachers, or government employees).
2. Immigration Consequences (For Non-Citizens)
Under U.S. immigration law, certain convictions, especially felony convictions, can lead to:
Deportation
Loss of legal immigration status
Denial of naturalization (citizenship)
A felony conviction for damaging or obstructing utility lines could be considered a crime of moral turpitude, which may affect immigration status.
3. Restitution to Victims
In many cases, the court will order the defendant to pay restitution for any damages caused. This means compensating the victim for repairs, loss of service, or any financial damages incurred.
5. What Are the Related Offenses To Penal Code § 591 PC?
California Penal Code § 591 PC makes it a crime to maliciously damage, remove, obstruct, or disconnect telephone, electrical, or utility lines. This law is designed to protect essential services such as communication, emergency response systems, and electricity supply from intentional tampering or interference.
Many times, violations of PC 591 occur alongside other criminal offenses. Below, we examine some of the most common related offenses that are frequently charged in connection with Penal Code § 591 PC.
1. Penal Code § 591.5 PC – Damaging a Communication Device to Prevent Help
This law is closely related to Penal Code § 591 PC but is more specific. PC 591.5 criminalizes damaging or obstructing a communication device to prevent someone from calling for help.
Key Differences Between PC 591 and PC 591.5
PC 591 covers all phone, electrical, and utility lines—including power, cable, and phone lines.
PC 591.5 specifically targets situations where a person destroys a phone or communication device to prevent another from seeking help.
Example of a PC 591.5 Violation:
A domestic abuser grabs a victim’s phone and smashes it to stop them from calling 911.
A person cuts the phone cord during a home invasion to prevent the homeowner from alerting authorities.
Penalties for PC 591.5 Violations:
Misdemeanor conviction
Up to one year in county jail
A fine of up to $1,000
2. Penal Code § 594 PC – Vandalism
Vandalism (PC 594) is the act of maliciously defacing, damaging, or destroying someone else’s property. Since damaging a phone, electrical, or utility line involves destruction of property, prosecutors may also charge vandalism in conjunction with PC 591.
Example of a PC 594 Violation:
A tenant, angry at their landlord, cuts the power lines in the apartment.
A person spray paints or damages an electrical box belonging to the city.
Penalties for PC 594 Violations:
If damage is less than $400 → Misdemeanor (up to 1 year in jail, up to $1,000 fine).
If damage is $400 or more → Felony (up to 3 years in jail, up to $10,000 fine).
3. Penal Code § 459 PC – Burglary
Burglary occurs when a person enters a home, business, or vehicle with the intent to commit a felony or theft.
Violations of PC 591 often occur during burglaries because criminals cut phone or electrical lines to disable security systems. As a result, prosecutors frequently charge burglary in addition to PC 591 violations.
Example of a PC 459 Violation:
A person breaks into a home and cuts the alarm system’s power supply to avoid detection.
A burglar cuts the phone line before forcing entry into a business.
Penalties for PC 459 Violations:
First-degree burglary (residential burglary) → Felony, punishable by up to 6 years in state prison.
Second-degree burglary (commercial burglary) → Either a misdemeanor (1 year in jail) or a felony (up to 3 years in jail).
4. Penal Code § 602 PC – Trespassing
Trespassing (PC 602) occurs when a person enters someone else’s property without permission or with the intent to commit a crime.
If a person damages electrical or phone lines on private property without consent, they could face both trespassing (PC 602) and damaging utility lines (PC 591) charges.
Example of a PC 602 Violation:
A person jumps a fence and damages a telephone pole in someone’s backyard.
A protester trespasses on government property and damages electrical cables.
Penalties for PC 602 Violations:
Misdemeanor
Up to 6 months in county jail
A fine of up to $1,000
5. Penal Code § 422 PC – Criminal Threats
If a person damages electrical or phone lines as part of a threat, they could face charges under PC 422 – Criminal Threats.
Example of a PC 422 Violation:
A person cuts the victim’s phone line and says, “Now you can’t call for help!”
A gang member destroys electrical wiring in a store and threatens to return if protection money isn’t paid.
Penalties for PC 422 Violations:
Misdemeanor → Up to 1 year in jail
Felony → Up to 3 years in state prison
A felony PC 422 conviction counts as a “strike” under California’s Three Strikes Law.
6. Penal Code § 484 PC – Petty Theft & Penal Code § 487 PC – Grand Theft
If a person damages or removes electrical wiring with the intent to steal it, they may face theft charges in addition to a PC 591 violation.
Example of PC 484 or PC 487 Violations:
A thief cuts copper wiring from utility poles to sell it for scrap.
A person removes a neighbor’s cable or internet box and sells it.
Penalties for Theft Crimes:
Petty theft (PC 484, property valued under $950) → Misdemeanor, up to 6 months in jail.
Grand theft (PC 487, property valued over $950) → Felony, up to 3 years in jail.
How Prosecutors Use Multiple Charges Against Defendants
In many cases, a single incident can lead to multiple criminal charges. For example:
A burglar cuts phone lines (PC 591), breaks into a home (PC 459), and steals valuables (PC 487).
A domestic abuser breaks their partner’s phone (PC 591.5) and threatens them (PC 422).
Since each charge carries separate penalties, defendants face significantly harsher consequences if convicted of multiple offenses.
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