California Penal Code 632.6 – (a) Every person who, maliciously and without the consent of all …
(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(b) This section shall not apply in any of the following instances:
Terms Used In California Penal Code 632.6
- county: includes "city and county". See California Penal Code 7
- maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c) As used in this section and in Section 635, “cordless telephone” means a two-way low power communication system consisting of two parts-a “base” unit which connects to the public switched telephone network and a handset or “remote” unit-which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(Amended by Stats. 1992, Ch. 298, Sec. 5. Effective January 1, 1993.)