PENAL CODE 591.5 PC – DAMAGING A COMMUNICATION DEVICE TO PREVENT HELP

Under California Penal Code 591.5 PC, it is illegal to intentionally and maliciously damage or disrupt the use of a cell phone or any other wireless communication device to prevent someone from seeking assistance or reporting a crime that is occurring.

The law is designed to offer extra legal protection in domestic violence situations. However, the legal language is broad enough to cover almost any situation where an individual obstructs another from calling for aid.
It is essential to note that an individual does not need to physically damage the device to be found guilty of this crime. Any prevention of the device’s use, even if temporary, can be enough to fulfill the elements of the statute. Additionally, the law does not only apply to mobile phones. It covers any type of wireless device that an individual may use to call for assistance, including tablets, two-way radios, and even medical emergency “panic button” devices.

Therefore, if someone willfully and maliciously interferes with an individual’s ability to call for help or report a crime using any wireless device, they may face charges under California Penal Code 591.5 PC.

591.5 PC.

A person who unlawfully and maliciously removes, injures, destroys, damages, or obstructs the use of any wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement or any public safety agency of a crime is guilty of a misdemeanor.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=591.5

WHAT ARE THE ELEMENTS OF CRIME?

To be convicted of damaging a communication device with the intent to prevent help, a prosecutor must prove the following three elements:

• You removed, injured, destroyed, damaged, or obstructed the use of a wireless communication device.
• You did so with a “malicious” intent.
• In interfering with the device, you intended to prevent a person from seeking help or notifying law enforcement of a crime.

In California law, “maliciously” is defined as an act done with a wish to annoy or injure someone, or with an intent to do a wrongful act.

The types of communication devices that may be damaged in cases covered by Penal Code 591.5 include cell phones, iPads, beepers, and wireless landlines.

EXAMPLE

John, in a fit of anger, intentionally smashes his girlfriend’s cell phone when she tries to call for help during an argument. John’s actions not only damage the cell phone but also prevent his girlfriend from seeking assistance or notifying law enforcement about the altercation. Since John’s actions fulfill all the elements of Penal Code 591.5 PC – damaging a communication device with the intent to prevent help – he could be charged with this crime.

PENALTIES, PUNISHMENT, AND SENTENCING

Committing the offense of damaging a communication device with the intent to prevent help is considered a misdemeanor under California Penal Code 591.5.

If convicted of this misdemeanor, the possible penalties include:

• Up to one year of imprisonment in the county jail; and/or,
• A fine of up to $1,000.

Instead of jail time, a judge may choose to impose misdemeanor probation, also known as “summary” or “informal” probation.

DEFENSES

If you are facing charges under Penal Code 591.5, it is crucial to raise a strong legal defense, which can potentially lead to a reduction in charges or even a dismissal. However, it is highly recommended to seek the assistance of an attorney to ensure the most effective defense strategy. Here are three common defenses that can be used in PC 591.5 cases:

• No malice: To be convicted under Penal Code 591.5, it is necessary to prove that you acted with malice. Therefore, a valid defense is to demonstrate that your actions were not driven by malice. For example, if you can show that you accidentally damaged a cell phone without any specific intention to do so, it can serve as a defense.
• No intent to prevent help: One of the main elements of a PC 591.5 charge is the requirement to show that you acted with the specific intent to either prevent someone from seeking help or notifying law enforcement about a crime. Thus, a defense strategy can involve proving that you did not have this intent. For instance, you can argue that although you caused damage to a person’s phone, the individual was not using the device to seek help or contact the police.
• Falsely accused: Unfortunately, false allegations are not uncommon in legal cases. Jealousy, revenge, anger, or attempts to cover up a person’s own criminal involvement are a few reasons why someone may falsely accuse you of a crime. This defense is especially relevant in cases involving domestic violence. Therefore, it is crucial to assert that you have been falsely accused of violating Penal Code 591.5.

IMMIGRATION CONSEQUENCES

Being charged under California Penal Code 591.5 PC for damaging a communication device to prevent help can have severe immigration consequences. This offense, which involves willfully and maliciously damaging or obstructing a communication device to prevent someone from seeking assistance, can be classified as a crime involving moral turpitude (CIMT). In the context of U.S. immigration law, a CIMT can render an individual inadmissible, potentially barring them from entering the country, obtaining a visa, or adjusting their immigration status.

Additionally, for those already in the United States, a conviction under PC 591.5 could lead to deportation proceedings, particularly if it is considered a deportable offense under immigration laws. Given the significant impact such a charge can have on one’s immigration status, it is crucial to seek legal counsel to navigate both the criminal and immigration implications effectively.

If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Yes, a defendant can potentially get a conviction expunged under California Penal Code 591.5 PC. Expungement, governed by California Penal Code 1203.4, allows individuals to withdraw their guilty plea or no contest plea and have the case dismissed. To be eligible for expungement, the defendant must have completed probation successfully and not be serving a sentence for any other offense. However, it is important to note that while expungement can help clear one’s criminal record, it does not erase the conviction entirely and may still have implications for certain aspects of life, such as immigration status or professional licenses. Consulting with an expungement lawyer is advisable to navigate the process and understand the specific requirements and potential outcomes.

RELATED CRIMES

• Vandalism – Penal Code 594 PC
• Domestic battery – Penal Code 243(e)(1) PC
• Corporal injury on a spouse or cohabitant – Penal Code 273.5 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you are facing allegations of violating Penal Code 591.5 PC, consider contacting the Tabibnia Law Firm to evaluate your case and explore your legal options. With 20 years of experience in navigating various criminal charges, Cyrus Tabibnia can provide assistance with Penal Code 591.5 cases and potentially mitigate their consequences. Regardless of your location or work schedule, the Tabibnia Law Firm is accessible round-the-clock to provide support and guidance.

Legal Source:

• California Penal Code 591.5 PC
• California Penal Code 7(4) PC
• California Penal Code 591.5 PC
• California Penal Code 18.5 PC
• California Penal Code 594 PC