California Penal Code 653.2 PC makes it a misdemeanor crime to send electronic communications to place the recipient in reasonable fear for their safety or the safety of their immediate family. This could include sending text messages and emails or posting harmful information online. A conviction could result in up to one year in county jail and a fine of up to $1,000.
Put simply, posting certain types of harmful information about other people on the Internet or social media is a crime known as “cyber harassment” or “cyberbullying.” This law is distinct from Penal Code 646.9 cyberstalking, which makes it a crime to stalk somebody using an electronic communication device.
Under PC 653.2, you only need to post information online to encourage others to harass or stalk the victim. In other words, it's a crime to harass, bully, and threaten others digitally.
PC 653.2 says, “(a) Every person who, with intent to place another person in reasonable fear for their safety, or the safety of the other person's immediate family, using an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in county jail, by a fine of not more than $1,000, or by both that fine and imprisonment.
(b) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Section 2510(12) of Title 18 of the United States Code.
(c) For purposes of this section, the following terms apply:
(1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider seriously alarming, annoying, tormenting, or terrorizing the person and that serves no legitimate purpose.
(2) “Of a harassing nature” means of a nature that a reasonable person would consider seriously alarming, annoying, tormenting, or terrorizing the person and that serves no legitimate purpose."
What Must Be Proven for a Conviction?
To convict you under PC 653.2, the district attorney must prove all the elements of the crime beyond a reasonable doubt, including the following:
- You used an electronic communication device to distribute, publish, hyperlink, or make available personal identifying information of a harassing nature about another person without their consent.
- You intended to cause the person to be in reasonable fear for their safety or the safety of their immediate family.
- You did so for the purpose of imminently causing the other person unwanted physical contact, injury, or harassment and
- The personal identifying information or message you shared would likely incite or produce unwanted physical contact, injury, or harassment.
In the context of PC 653.2 cyber harassment law, the term “harassment” means knowing and willful behavior directed at somebody specific that a reasonable person would consider seriously:
- Alarming,
- Annoying,
- Tormenting and
- It serves no legitimate purpose.
What is Cyber Harassment?
Penal Code 653.2 PC defines cyberbullying or harassment as the use of an electronic communication device to distribute, publish, email, hyperlink, or make available personally identifiable information or a harassing message about someone without their consent and with the intention to incite fear for their safety or that of their loved ones.
Specifically, this law says the intent must be to cause unwanted physical contact, injury, or harassment by a third party. An "electronic communication device" can include a wide range of devices, including the following:
- Cell phone,
- Smartphone,
- Personal computer (PC),
- Computer tablet (iPad),
- Internet website,
- Internet phones (VoIP),
- Internet wireless device,
- Personal digital assistant (PDA),
- Video recorder,
- Fax machine.
How is Cyber Harassment Different From Cyberstalking?
Cyberstalking and cyber harassment are similar in using electronic communication to cause fear and harassment. Still, they are two separate crimes, and the differences include the following:
- Penal Code 646.9 PC cyberstalking involves using the Internet and other electronic communication to threaten or harass a victim personally.
- Penal Code 653.2 PC cyber harassment involves sharing information electronically or online to encourage others to threaten or harass the victim.
Suppose someone posts maliciously about another person on a popular social media platform. The posts have false accusations about their personal and professional life, which tarnishes their reputation and puts them in fear for their safety. In that case, the person posting this information could be charged with cyber harassment.
18 U.S.C. 2261A makes federal stalking and cyberstalking electronically a federal offense.
What are the PC 653.2 Penalties?
California Penal Code 653.2 PC cyber harassment (cyberbullying) is a misdemeanor offense with the following penalties:
- Up to one year in county jail,
- A fine of up to $1,000,
- Misdemeanor summary probation.
Typically, the court will impose summary probation rather than jail time, especially for first-time offenders, but could order counseling or a similar program.
What are the PC 653.2 Defenses?
Suppose you were accused of cyber harassment under PC 653.2. In that case, our California criminal defense lawyers can utilize different strategies to obtain the best possible outcome, including the following:
- Lack of intent,
- Mistaken identity,
- Consent,
- First amendment,
- Statute of limitations.
To prove cyberbullying, the district attorney must prove intent. Perhaps we can argue that you did not intend to incite or provoke others to harass or cause fear to the victim or that you did not intend to make the victim fear for their safety.
Misidentification is standard on the Internet. Perhaps we can argue that you were not responsible for the cyber harassment activities. Perhaps we can argue that the alleged victim consented to have their information published, and the charges might be dropped.
Perhaps we can argue that your communication was non-threatening and falls under protected speech. Maybe we can show that your actions were within the boundaries of your First Amendment rights. Contact our law firm, Cron, Israels & Stark, in Los Angeles, CA, for a free case evaluation.
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