I need to visit the law library Monday anyway.  I will research these questions.  Offhand, I don't see any reason why both subsections wouldn't be enforceable, but I've never seen either one prosecuted.
 
 
 
 
 
Peter Dullea
Calif. State Bar # 79022
P.O. Box 415
Buellton, CA 93427
(805) 350-1304
KI6PWE






> Date: Sat, 23 Jan 2010 10:07:08 -0800
> From: jay@west.net
> To: sbarc-list@lists.netlojix.com
> Subject: Re: [Sbarc-list] Penal_Code_653t
>
> Bill Talanian wrote:
> >
> > Excerpts
> > CALIFORNIA PENAL CODE
> >
> > (2) Except as provided by subdivision (d) of Section 653t, every
> > person who knowingly and maliciously interrupts, disrupts, impedes,
> > or otherwise interferes with the transmission of a communication over
> > a public safety radio frequency shall be punished by a fine not
> > exceeding one thousand dollars ($1,000), imprisonment in a county
> > jail not exceeding one year, or by both that fine and imprisonment.
> >
> > (a) A person commits a public offense if the person knowingly
> > and maliciously interrupts, disrupts, impedes, or otherwise
> > interferes with the transmission of a communication over an amateur
> > or a citizen's band radio frequency, the purpose of which
> > communication is to inform or inquire about an emergency.
> [snippage]
>
> Is this a new law? It seems to have been passed many years ago. Would
> not Federal law override? California doesn't define "Public safety
> radio frequency" or "Amateur radio frequency". If the communication is
> interstate in nature or the defendant is outside of California
> interfering with in-state communications, prosecution could get tricky.
> Has anyone ever been charged with or convicted of this, particularly
> with regard to the amateur radio subsection?
>
> What is noteworthy about this that you are bringing it to our attention?
>
> --
> Jay Hennigan - CCIE #7880 - Network Engineering - jay@impulse.net
> Impulse Internet Service - http://www.impulse.net/
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