Annoying Phone Calls: CA Penal Code 653m
- in Laws
We all made prank phone calls when we were kids, and we annoyed people with those calls. We never worried about being prosecuted though, even if we got caught. Whether you know it or not, prank calls like those are a crime now.
Phone calls that are annoying or harassing that involve foul language or threats can land you in jail, and will therefore require the help of a skilled bondsman. So can a series of annoying or harassing calls. They’re a misdemeanor. Text messages or e-mails of the same nature carry the same penalties. So can disturbing photos.
CA Penal Code 653m
The penalties for violating CPC 653m are up to six months in jail and a fine not to exceed $1,000. Don’t forget about the court costs on top of the fine. Those aren’t funny either. Probation and counseling might also be ordered. If somebody never had a criminal record, they’ll have one after they’re convicted of this offense. Anybody conducting a criminal background check would find the conviction, especially potential employers. Any person convicted of this offense that’s contemplating getting a job that requires a license such as a real estate agent will probably encounter some difficulties.
Different Elements Under CPC 653m
There are three elements under CPSC 653m. First, a phone call or other electronic communication must be made or be permitted to be made. Second, the obscene language must be used or threats made. Repeated calling is also contemplated under the statute. Finally, there must be an intent to harass or annoy. Appellate courts in California have already decided that communication doesn’t have to be sexual in nature to be obscene. It need only fail to adhere to ordinary standards of what’s decent and appropriate. What might be obscene in one setting though might not be obscene in another setting? Each case must be prosecuted on its own particular set of facts and circumstances. The relationship between the communicator and recipient can be pivotal, especially if they know each other well.
Bail Bond Company Help
A bail bond company can be used to get a friend or family member out of jail that’s been arrested for annoying phone calls. Using a bail bond company might prove to be a very good decision, particularly because it can permit release from custody before the arrestee is ever brought before a judge on a bond hearing. Upon obtaining the necessary information from you, we confirm that the individual is indeed in custody, obtain other important information, and find out how much the bond is. We’ll then explain the bail bonds process to you along with your obligations. Once you sign off on appropriate documents, an agent posts the bond at the jail. Release from custody can take as little as an hour or as long as 24 hours.
A bail bond is usually ten percent of the amount of bail. A $5,000 bond would require payment of $500. Our job is finished when the person in custody walks out of jail. Don’t hesitate to call us if you have any questions about bail bonds.
Read also about Penal code 6479I