Under California Penal Code § 653.2 PC, anyone intentionally using an electronic communication device to cause another person to fear for their safety or that of their immediate family can be charged with a misdemeanor. This includes electronically distributing personal information, such as digital images, or sending harassing messages.
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What Is California Penal Code 653.2 About?
The state of California relies on the Penal Code 653.2 to prosecute forms of electronic cyber harassment. This law discusses indirect electronic harassment or the posting of harmful information on the internet, which is also known as “doxing” or “doxxing.”
The explicit provisions of the Code provide the necessary framework for legal authorities to intervene when individuals intentionally use electronic communication to cause harm, fear, or harassment.
Facing charges of cyber harassment can be an intimidating experience, and you should not go through the legal process without professional legal representation. Cyber harassment cases can have serious consequences, including legal penalties and damage to your reputation. A criminal defense lawyer will develop a robust defense strategy tailored to your unique circumstances.
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Understanding Cyber Harassment in California
Cyber harassment encompasses any form of harassment that occurs over the internet, whether it’s direct or indirect. In simple terms, it refers to unwanted behaviors or actions conducted online with the intent to harm, intimidate, or cause distress.
Direct Cyber Harassment
Direct harassment entails an individual personally taking action against a victim. This can manifest in explicit and targeted behaviors intended to cause harm.
Direct forms of cyber harassment include:
- Online stalking, also known as cyberstalking
- Threatening messages
- Unwanted explicit content
- Impersonation or identity theft
- Doxing (posting private information online)
- Online bullying
- Phishing attacks
The court uses Penal Code 646.9 to prosecute direct cyber harassment. Understanding California’s approach to cyber laws, including legislation on data privacy and digital rights, provides a comprehensive view of the state’s stance on digital conduct and its legal implications.
Indirect Cyber Harassment
Not all forms of cyber harassment are direct. Sometimes, individuals try to get other people to harass a third party, which leads to indirect cyber harassment, which can lead to PC 653.2 violation in California. Indirect cyber harassment also involves posting harmful information about other people online.
Indirect cyber harassment refers to sharing harmful information by:
- Publishing it on a webpage
- Distributing it via an electronic device
- Emailing it to other people
- Posting hyperlinks containing the information
To be considered a misdemeanor, individuals must post this information without the consent of the alleged victim. The matter of consent is crucial in these types of cases and can be a cornerstone of the defense strategy.
To be charged, an individual must also have to carry out this act while intending to:
- Make the alleged victim fear for their or their family’s safety
- Cause the alleged victim harassment or injury
- Cause unwanted physical contact
Harassment in California can include tormenting or terrorizing another person. However, annoying or alarming someone also qualifies as harassing behavior. The Simmrin Law Group can provide more information about how to fight harassment charges.
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Examples of Electronic Communication Devices in California
The use of any electronic communication device with wrongful intentions can lead to PC 653.2 charges. Some people think online harassment only involves computers; however, this is not true.
Electronic communication devices, as outlined in California law, include the following:
- Cellphone, internet phone, or telephone
- Computer
- Internet web page or site
- Video recorder
- Fax machine
- Pager
- Personal data assistance (PDA)
The court system treats the act of inciting others to harass a third party very seriously. If you face charges, seek immediate legal representation from an experienced criminal defense attorney to protect your rights.
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Penalties for Posting Harmful Information on the Internet
Since violations under PC 653.2 are considered misdemeanor offenses, you can’t be sentenced to state prison upon conviction. A conviction under PC 653.2 can result in fines of up to $1,000, jail time of up to one year in county jail, or both.
In some cases, probation is offered for indirect cyber-harassment convictions. Individuals on probation do not have to spend time in jail. However, they are required to heed restrictions handed down by the court.
Individuals who do not obey court orders can violate their probation. Probation violations are also criminal acts in California, which can result in harsher probationary regulations. The court can even increase the amount of time an individual spends on probation. In some cases, the court revokes probation after a violation. This can then lead to jail or prison time.
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Legal Defenses for Indirect Cyber Harassment in California
If you have been accused of a PC 653.2 violation in California, work on your legal defense with the Simmrin Law Group today. Members of our team are ready to step in to help. Allow a criminal defense lawyer in Los Angeles to defend your future.
You Did Not Share Information Without Consent
Sharing someone’s personal information to incite harassment is a criminal offense. However, you may have received permission to make the online post, which could avoid a conviction under PC 653.2.
A criminal defense lawyer might approach the case by emphasizing factors such as the alleged victim’s voluntary disclosure of information in a public or semi-public forum. The lawyer could argue that if the information was willingly shared by the individual in an online setting accessible to a broad audience, the expectation of privacy may be diminished.
You Were Not Trying to Incite Harassment
You must act with the intent of subjecting someone to harassment to face a PC 653.2 conviction. You could avoid conviction if you were not trying to harass or bother someone online. Discuss your situation with a lawyer now.
Insufficient Evidence
When you are accused of engaging in indirect cyber harassment, the defense may challenge the prosecution’s evidence, especially if it is based on circumstantial evidence. Your lawyer will emphasize the need for a thorough and convincing presentation to establish guilt beyond a reasonable doubt.
The defense could question the relevance and credibility of the evidence provided, highlighting any gaps or inconsistencies that may cast doubt on the accusations. Establishing insufficient evidence as a defense underscores the need for a clear and substantial case to warrant a conviction.
Comparison With Other States’ Cyber Harassment Laws
Each state may have its own distinct set of statutes and regulations addressing cyber harassment, resulting in a diverse legal landscape. While some states may define and penalize cyber harassment with specificity, others may address similar behaviors under broader categories like stalking or online threats.
Differences in definitions, elements of the offense, and prescribed penalties make a direct comparison challenging. Some states may have more comprehensive and up-to-date laws addressing the nuances of online harassment, while others may require legislative updates to adapt to the evolving digital landscape.
Impact of Cyber Harassment Laws on Digital Communication
While these laws safeguard individuals from harmful online behaviors, they also influence the dynamics of digital communication. The interpretation and enforcement of these laws sometimes raise concerns about potential limitations on free expression and the right to privacy.
Striking a balance between protecting individuals from online harm and upholding the principles of free speech remains a challenge.
Common Misconceptions About Online Behavior
One prevalent misconception is the belief that online actions are exempt from legal consequences. In reality, individuals can face criminal charges for cyber harassment, threats, or other unlawful activities conducted online.
Another misconception involves assuming anonymity and privacy in digital spaces, leading some to believe they can engage in harmful behaviors without repercussions. However, law enforcement agencies possess the tools and expertise to trace online activities, challenging the notion of complete anonymity.
Contact a Lawyer About Penal Code 653.2 Charges in California Today
If you have been accused of a Penal Code 653.2 violation, contact the Simmrin Law Group. We are ready to help. Call us or fill out our online contact form to reach a criminal defense lawyer right now. We can help if you’ve been accused of posting harmful information on the internet.
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