Annoying Or Harassing Phone Calls PC 653m (Penal Code 653m)
Crime: Annoying or Harassing Phone Calls or Electronic Communications
Code Section: Penal Code 653m (click here to view the statute)
Related CALCRIM Jury Instruction: None
PC 653m Brief Summary:
Penal Code 653m makes it a misdemeanor to send annoying or harassing phone calls or other communications by means of an “electronic communication device” with the intent to annoy or harass someone. Annoying or harassing conduct can include use of obscene language, threats of injury or harm to the recipient or their family, or repeatedly calling or sending messages regardless of what is said or sent. Penal Code 653m is often times filed in connection with domestic violence cases.
PC 653m Elements:
To prove someone guilty of this crime, the government must prove:
- Contact the person using an electronic communication device;
- The contact must be annoying or harassing;
- The defendant must have intended the contact to be annoying or harassing.
PC 653m Punishment:
Penal Code 653m is punishable as a misdemeanor is up to six months in county jail. Probation can also be granted for this offense. Other fines, fees, and possible probation terms could be applied.
PC 653m Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In general, there are no other lesser included offenses for Penal Code 653m.
PC 653m Related Charges:
- Penal Code 166(c)-Violating A Court Order
- Penal Code 166(c)(4)-Violating A Court Order With Violence
- Penal Code 273.6(a)-Violating A Protective Order
- Penal Code 422-Criminal Threat
- Penal Code 646.9-Stalking
Charged with domestic violence?