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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. It needs to involve obscene language or threats, or else be one of a series of repeated harassing phone calls. Often Penal Code 6. California stalking.)The bad news is that it's not always easy to tell what kind of obscene language or threats can lead to criminal liability for annoying telephone calls. California courts are still trying to figure this out too. In this article, our California criminal defense attorneys. Penal Code 6. 53m PC, the California Penal Code section for annoying phone calls, and the consequences of an annoying phone calls conviction, by addressing the following: If you would like more information after reading this article, we invite you to contact us at Shouse Law Group. What is the legal definition of annoying telephone calls in California (Penal Code 6. PC)? If you are charged with the crime of making annoying or harassing telephone calls or communications under Penal Code 6. PC, there are certain things the prosecutor must prove before you can be convicted. These are known as the . Making or permitting a telephone call or electronic communication. The first element in the legal definition of PC 6. She calls Rachel's cell phone. When Rachel doesn't pick up, Callie leaves a message pretending to be a bill collector and asking Callie to call her back. Rachel calls Callie back. Callie then insults her using profanities and threatens to burn down her house. Callie may be guilty of making annoying phone calls. You can also be accused of making annoying phone calls under PC 6. But to be convicted of annoying calls for someone else's call or communication from your phone or device, you have to have known that they were using your property for these purposes. Example: Parker owes Walter money and hasn't paid him back. He has also stopped answering calls from Walter's number. So Walter uses the cellphone of his girlfriend, Jessica, to call Parker. When Parker answers, Walter makes explicit threats to kill him. If Jessica knows what Walter was doing and that his intent was to threaten Parker, she may be guilty under the California annoying phone calls law, even though she didn't make the call herself. Obscene language, threats, or repeated calls. A phone call or electronic communication has to qualify as . There are three (3) types of criminally annoying telephone calls in California: Calls or communications that use . But California courts have decided that a phone call or electronic message doesn't have to have sexual content in order to be obscene for purposes of California's annoying phone calls law. Instead, the language just has to have content that is . In their school, it's common for kids to use profanity to communicate with each other and express strong emotions. Skylar breaks off the relationship with Chris. So Chris sends her several text messages expressing how angry and sad he is over the break- up. The messages are filled with foul language, but of the sort kids at their school typically use. Chris did not violate Penal Code 6. PC.. his text messages weren't actually obscene, because they only used language he and Skylar were already used to using when they were together. In order to qualify as annoying or harassing communications under PC 6. Also, if the person receiving the call is in a public position - - like the person who mans a customer complaint line - - then it is less likely that a caller can be convicted of making annoying phone calls simply for using obscene language. Example: David is a very frequent customer at a national chain of ice cream shops. He also frequently calls their customer service telephone line to complain about the service he has received at the stores. In these calls, he often uses the . Intent to harass or annoy. Lastly, you can't be convicted of making annoying phone calls or electronic communications unless the prosecutor can prove that you actually intended to annoy or harass someone. Put another way, you do not violate Penal Code 6. Example: Paul and Cathy are good friends who frequently play practical jokes on one another. One day, Cathy decides to scare Paul by obtaining an email address he doesn't recognize and sending him several emails in which she pretends to be a psychotic person who is him. These emails contain some vulgar language and threats to harm Paul. She intends to let him in on the joke the next day. Cathy didn't intend to annoy or harass Paul- she just wanted to play a practical joke. She is not guilty of the crime of sending annoying or harassing emails. Example: Vinny is trying to find new customers for his gardening business. So he calls all the homeowners in his neighborhood multiple times to ask if they need help with their yard work. If he fails to get someone on the phone the first time, he will leave a message and call again and again. This is certainly annoying.. Vinny is making these calls for purposes of his business. Calls made for legitimate business purposes do not count as annoying telephone calls. What are the penalties for California annoying phone calls? The California crime of making annoying phone calls (or sending annoying electronic communications) is a misdemeanor in California law. This means that the potential consequences of a PC 6. In some cases, the defendant found guilty of annoying phone calls may be sentenced to misdemeanor probation or given a suspended sentence. If this occurs, the judge may order the defendant to participate in counseling as a condition of probation. How can I fight charges of annoying telephone calls or electronic communication? Lack of intent to annoy or harass. One of the best legal defenses you can bring against charges that you made annoying phone calls under Penal Code 6. As we discussed above, you can't be convicted unless the prosecutor can prove- beyond a reasonable doubt- that this is what you intended. And if you had some other good- faith intention or business purpose for making the call or sending the communication, there's a good chance the prosecutor won't be able to prove this and you can fight the annoying phone calls charges on this basis. Language not actually . Because of this, courts have to be very careful about letting someone be convicted under a law like California's annoying phone calls law. So judges have made sure to keep the definition of 'obscene language' pretty narrow. This means there are many options for defending yourself against charges that you made annoying or harassing phone calls using obscene language. Insanity defense. People who use phones or electronic communication devices to annoy, harass, or threaten others are often suffering from some kind mental or emotional trouble. In these cases, the defendant may be able to avoid a Penal Code 6. California. The insanity defense means that a defendant must be found not guilty if both of the following are true: S/he was incapable of knowing or understanding his/her actions at the time the crime was committed, ANDS/he was incapable of distinguishing right from wrong at the time the crime was committed. The defendant has to prove by a preponderance of the evidence that these things are true.. Even if the defendant doesn't manage to prove this, the evidence used to make the case for the insanity defense can be helpful in another way. Evidence that the defendant suffered from mental problems at the time of the annoying phone calls or communications might convince the judge to sentence him/her to probation with counseling instead of time in county jail. An experienced California criminal defense attorney can help you fight charges of making annoying phone calls with these and other legal defenses. PC 6. 53m and related offenses. Criminal threats (Penal Code 4. PC)California law also makes it a crime to make criminal threats (Penal Code 4. Making a threat in a phone call or electronic communication is one of the ways you can violate Penal Code 6. Because of this, defendants are sometimes charged with both the crime of making criminal threats and the crime of making annoying phone calls. You can be prosecuted for criminal threats that are made verbally (including over the telephone), in writing, or in an electronic communication (like a text message). You can't be found guilty of Penal Code 4. You willfully threatened to commit a crime that would result in someone's death or great bodily injury,You specifically intended your statement to be taken as a threat, and. The statement was unequivocal and specific enough to cause someone to reasonably fear for his or her own safety or that of his or her immediate family members. The California crime of making criminal threats is a wobbler. This means that the prosecutor can charge it as either a misdemeanor or a felony, depending on the circumstances of the offense and the defendant's criminal history (if s/he has one). The maximum misdemeanor penalties are up to one (1) year in county jail and/or a maximum $1,0. The maximum felony penalties are up to three (3) years in California state prison and a maximum $1. Violating a restraining order (Penal Code 2. PC)Often, defendants accused of making annoying or harassing phone calls in violation of Penal Code 6. Often it is a former spouse, boyfriend, or girlfriend, or a friend or business associate with whom they have had a disagreement. Annoying or harassing phone calls is sometimes charged along with violating a restraining order. In some of these cases, the person who is being contacted may have taken out a restraining order (also called a protective order) against the person who is trying to make contact.
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