What is Penal Code 653.2 PC Cyber Harassment?
California Penal Code 653.2 PC classifies sending electronic communications intended to cause a reasonable fear for safety as a misdemeanor.
This might involve sending text messages, emails, or posting harmful content online. A conviction could result in up to one year in county jail and a fine of up to $1,000.
In simple terms, sharing harmful information about others online or on social media is considered "cyber harassment" or "cyberbullying."
This is different from Penal Code 646.9 cyberstalking, which specifically criminalizes stalking someone through electronic communication devices.
According to PC 653.2, it is illegal to post online content that encourages others to harass or stalk a victim. Essentially, digital harassment, bullying, and threats are criminal acts.
What Does PC 653.2 Say?
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 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."
Key Definitions
"Harassment" refers to a deliberate and intentional pattern of behavior directed at a particular individual, which a reasonable person would find to be severely alarming, persistently irritating, tormenting, or terrifying, and that lacks any legitimate purpose.
"Of a harassing nature" refers to conduct that a reasonable person would find seriously alarming, annoying, tormenting, or terrorizing, and which serves no legitimate purpose.
What Needs to Be Proven for a Conviction?
To convict you under PC 653.2, the district attorney is required to prove beyond a reasonable doubt that all the elements of the crime are satisfied, including the following:
- You used an electronic communication device to share, publish, hyperlink, or otherwise make available personal identifying information about another person that is of a harassing nature, without their consent.
- You aimed to make the person reasonably fear for their safety or that of their immediate family.
- You did this with the intent of causing the other person to engage in unwanted physical contact, harm, or harassment.
- The personal identifying information or message you provided could potentially provoke unwanted physical contact, injury, or harassment.
Under the PC 653.2 cyber harassment law, "harassment" refers to intentional and knowing actions directed at a specific individual that a reasonable person would find seriously alarming, annoying, or tormenting, and that serve no legitimate purpose.
What Exactly is Cyber Harassment?
Penal Code 653.2 PC describes cyberbullying or harassment as using an electronic communication device to share, publish, email, hyperlink, or provide personally identifiable information or harassing messages about someone without their consent, aiming to cause fear for their safety or that of their loved ones.
This law specifies that the intent must be to cause unwanted physical contact, injury, or harassment by a third party. An "electronic communication device" can encompass various devices, such as the following:
- Cell phone
- Personal computer
- Computer tablet (iPad)
- Internet website
- Internet wireless device
- Personal digital assistant
- Video recorder.
How Does This Law Differ From Cyberstalking?
Cyberstalking and cyber harassment both involve using electronic communication to instill fear and cause harassment. However, they are distinct crimes, and understanding their differences helps you recognize the specific legal implications involved.
- Penal Code 646.9 PC relates to cyberstalking, which involves using the internet and electronic communication to threaten or harass someone.
- Penal Code 653.2 PC addresses cyber harassment by involving the electronic or online sharing of information to incite others to threaten or harass the victim. It's a form of stalking under state law, or could violate federal stalking laws.
If someone maliciously posts false accusations about another person on a popular social media platform, damaging their reputation and causing fear for their safety, such actions could be considered cyber harassment under PC 653.2, especially if intended to incite others to threaten or harass the victim.
What are the PC 653.2 Penalties?
California Penal Code 653.2 PC addresses cyber harassment (cyberbullying) as a misdemeanor offense, with these penalties:
- Up to a year in county jail,
- A penalty of up to $1,000,
- Summary probation for misdemeanors.
Usually, the court will assign summary probation instead of jail time, particularly for first-time offenders, and may also order counseling or a similar program.
What are the Possible Defenses?
If you're charged with cyber harassment under PC 653.2, our California sex crime defense attorneys can explore defenses like free speech protections, arguing that your actions were lawful and within First Amendment rights, which may help you better understand your legal options.
To establish cyberbullying, the district attorney needs to demonstrate intent. We might argue that you did not intend to incite or provoke harassment or fear against the victim, or to make the victim feel unsafe.
We might argue that you were not responsible for the cyber harassment.
Additionally, it could be claimed that the alleged victim consented to the publication of their information, which might lead to the charges being dropped.
Perhaps we can argue that your communication was non-threatening and protected under free speech.
We might also demonstrate that your actions stayed within your First Amendment rights. Contact the Hedding Law Firm for a case review.