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. (b) For purposes of this section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury, in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of extensive damage or destruction, or in which that injury or destruction has occurred and the person transmitting is attempting to summon assistance. (c) A violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), by imprisonment in a county jail not to exceed six months, or by both, unless, as a result of the commission of the offense, serious bodily injury or property loss in excess of ten thousand dollars ($10,000) occurs, in which event the offense is a felony. (d) Any person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of an emergency communication over a public safety radio frequency, when the offense results in serious bodily injury or property loss in excess of ten thousand dollars ($10,000), is guilty of a felony.
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/ Your local telephone and internet company - 805 884-6323 - WB6RDV
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/ Your local telephone and internet company - 805 884-6323 - WB6RDV _______________________________________________ SBARC-list mailing list SBARC-list@lists.netlojix.com http://lists.netlojix.com/mailman/listinfo/sbarc-list
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Bill Talanian -
Jay Hennigan -
Peter Dullea