California Penal Code 653m(a)/653m(b): Annoying or Repeated Harassing Phone Calls

Legal Definition: 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.

PC 653m(a) is violated simply after one phone call. If there are repeated calls, then the violation would fall under PC 653m(b). It must be shown by the victim that the phone call was placed with the intent to harass them or that the language used by you on the phone was of a threatening nature or obscene.

What does this mean?

The amount of phone calls made is also relevant, although, with the adage of fake phone number calling, it tends to be harder to show, by a phone log, who the person is that is making the harassing calls. However, voicemails and text messages are a surefire way to prove you made a harassing phone call. Victims of harassing phone calls are one of the exceptions to the rule laid out in PC 632 that makes it illegal to record another person’s private phone call, for purposes of identification. 

Electronic devices include, but are not limited to, telephone, cell phones, computers, video recorders, or any device that transfers signals, writings, images, sounds, or data.

Penalties

A violation under PC 653m(a) or (b) is only a misdemeanor offense in California. If you are convicted, you could be sentenced to up to 180 days in County Jail. You would be required to serve 50% of that time in custody. Usually, a Criminal Protective Order is also issued, where you are no longer allowed to contact the other party by phone. If you do, you violate probation first of all, and secondly, you commit a violation of PC 273.6 (Violating a Restraining Order) as a new offense.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights

It is not a sufficient defense to say that the phone you were using was not in fact yours. The owner of the phone is irrelevant to proving whether, whoever it was, use it to harass another person. This charge scares many people who end relationships on a bad note and send mean messages to another person because of it. Usually, this charge is only brought up through very repeat and specific attacks on a person. Most people do not even know about this offense, let alone report it to police. It needs to be rather heinous for any person to think to contact the police.
Most times this happens with two parties that hate each other, and place calls back and forth until one contacts the police. If you are able to show that the other person started making the calls, and you retaliated, it won’t be a defense, but you would both be guilty. Likely, if you are able to prove you both are guilty, most prosecutors do not want to continue on a case like this, and would drop it for fear they would be the victim of harassing phone calls from their own victim!

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Charges under PC 653m, involving harassment through electronic communication, often stem from highly charged emotional conflicts. These situations can escalate quickly, sometimes from misunderstandings or heated moments of anger. It’s important to remember that even a single message or call can lead to significant legal repercussions.

However, with the right legal representation, charges of this nature can be effectively defended. At Inland Empire Criminal Defense, our PC 653m(a) Ontario criminal defense attorney specializes in handling harassment offenses and brings a wealth of experience and a track record of success to the table.

Why Choose Inland Empire Criminal Defense for Your PC 653m Case?

• Specialized Experience: Our dedicated attorney is well-versed in the complexities of harassment charges, including those under PC 653m, and has a history of achieving favorable outcomes for our clients.
• Tailored Defense Strategies: Understanding the unique nuances of each case, we craft personalized defense strategies aimed at highlighting your side of the story and securing the best possible resolution.
• Accessible and Supportive: Recognizing the stress and uncertainty that accompany legal challenges, we offer round-the-clock support to ensure you’re fully informed and comfortable throughout the process.

Initiate Your Defense with Confidence

Facing charges under PC 653m can be daunting, but you don’t have to navigate this challenging time alone. Securing skilled legal representation is crucial in defending your rights and fighting for your future.

Contact Inland Empire Criminal Defense Today

If you or someone you know is dealing with harassment charges, reach out to Inland Empire Criminal Defense at 909-939-7126 for a free initial consultation. Our commitment to your defense is unwavering, and we’re prepared to use our expertise and resources to advocate on your behalf. Conveniently located in Ontario, CA, we’re here to support clients throughout the Inland Empire with dedicated and expert legal counsel.