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Harassing Phone Calls/Emails – California Penal Code Section 652m PC

Posted by Raoul Severo | Jun 30, 2020 | 0 Comments

Harassment is a general concept to describe an aggressive pressure or intimidation act from one person to another, but in the eyes of the law has a wide connotation that breaks down is several laws that punishes the many types of harassment actions. The California Penal Code Section 652m PC refers to Harassing or annoying conducts made through Phone Calls and/or Emails and states as follows: 

Harassing Phone Calls/Emails with obscene language

Every individual who, with intent to irritate or annoy, calls by a phone or gets in touch by any electronic communication tool with another person and expresses any obscene language or any threat to inflict injury to this person, or any member of his or her family, including any property this he/she owns, is guilty of a misdemeanor. However if any of these telephone calls or electronic contacts were made in good faith none of this subdivision shall apply

Punishment: 6 months in a county jail.

Repeatedly Harassing Phone Calls/Emails 

If subdivision A is violated multiple times or the offender repeatedly performs such action from his or her home or place of residence, then the accused is guilty of a misdemeanor. Same as subdivision A none in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

Punishment: 6 months of imprisonment in a county jail if the offense was committed at home and 1 year of imprisonment in a county jail if the offense was committed at work.

Several other factors are considered when charges of this matter are pressed against a person, such as if the offense was executed using a telephone may be judged to have been committed when and where the telephone call or calls were made or received. 

If probation is conceded, or the execution or imposition of the penalty is suspended, for any person convicted under this section, the court may order counseling participation as a condition of probation for the accused.

Additionally, the harassment performed via telephone, mobile or any electronic communication device may include the following features:

    1. Text messages to others
    2. Emails contact
    3. Faxes contact
    4. Instant Messages numbers to others
    5. Any other form of electronic communication device for contact

The Law Office of Raoul Severo

If you or someone close to you is facing charges of Harassing Phone Calls/Emails in California, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.

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