Annoying Email Law
New California State Law PC 653M - Annoying or Threatening E-Mail As of January 1, 1999 California Penal Code section 653M took effect. This section of the Penal Code covers threatening or annoying e-mail messages. What follows is a quote of a portion of the new law: "653m.
(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
(b) Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with intent to annoy another person at his or her residence, is, whether or not conversation ensues from making the telephone call or electronic contact, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
(c) Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with the intent to annoy another person at his or her place of work is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment." If you feel that you have been a victim as outlined in this new law and the events happened after January 1, 1999, please contact the University Police at 756-2281. (Users of off-campus Internet Service Providers should report the crime to their local law enforcement agency.) Please retain copies of any e-mails received if you wish to follow up on them later. Law enforcement agencies cannot proceed without the messages as evidence. The University Police have already taken several complaints under the new law and a conviction has already been obtained.
The full text may be found by:
- Going to "http://www.leginfo.ca.gov/calaw.html"
- Select "Penal Code", enter "653m" in the dialog box, and then press "Search"
- On the page showing the search results, select the item with the range which would contain "653" (it should be "PENAL CODE SECTION 639- 653.1").
- Scroll down in the text until you find "653m".
