Annoying Phone Calls: Penal Code § 653(m) PC

Virtually all of us carry cell phones with us all the time these days. As a matter of fact, you might even be reading this very article on your smartphone. Having cell phones with us all the time has opened us up to a great many new opportunities for commerce and growth in our personal lives as well. At the same time, it has made it possible for those who would like to abuse cell phones to do just that. They can at will start to make our lives more miserable by harassing us with a bounty of phone calls that we did not ask for and did not want.

It turns out that the state legislature in California has made annoying phone calls something that we can actually do something about. They have passed laws that make it easier for citizens to stand up and demand their rights to not have to continue to take annoying phone calls, texts, e-mail messages, and the like on their personal devices for any longer than absolutely necessary.

How This Relates to Stalking

It is not that hard to see the connection here between annoying phone calls and stalking. In fact, stalking is one of the major things that the State wants to deter from happening. They have made this clear by the actions they have taken to try to curb annoying or harassing phone calls. These are typically elements of stalking that people report. It is even more common in our modern society when those phones are practically attached to the hips of everyday people like you and me.

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Legal Scenario: What Would You Do?

Scenario

After a bitter breakup, your ex-partner has been calling your phone dozens of times a day, sometimes at 2 or 3 in the morning, hanging up as soon as you answer or leaving threatening voicemails. You've asked them to stop repeatedly, but the calls keep coming and are causing you serious anxiety and sleep disruption.

Can my ex actually be criminally charged for repeatedly calling me like this, or is it just considered a civil matter?

Attorney's Answer

Yes, your ex can absolutely face criminal charges under California Penal Code § 653m(a), which makes it a misdemeanor to make repeated phone calls with the intent to annoy, harass, or threaten another person. The statute specifically covers calls made using obscene or threatening language, as well as repeated calls designed to harass even without explicit threats. A conviction carries up to six months in county jail and a fine of up to $1,000. You should document every call with screenshots of your call log and save any voicemails, then file a police report — this evidence will be critical in building a strong case and may also support obtaining a restraining order for additional protection.

This is general information only. Contact us for advice specific to your situation.

Example of Annoying Phone Call Offense

A woman breaks up with a man and he becomes upset by this. In order to seek some kind of twisted revenge, he begins to bombard her phone with calls and texts at all hours of the day and night. It doesn’t matter in his mind that she has told him that she is no longer interested in seeing him, he feels that it is his right for her to respond to the messages that he has been leaving her. Failing to do so is another offense in his mind. However, the real offender in this scenario is actually the man himself.

Commercial Offenses of Annoying Phone Calls