Penal Code 591.5 PC - Damage Communication Device to Prevent Help
California Penal Code 591.5 PC makes it a misdemeanor crime for someone to damage or obstruct a communication device to prevent someone from using it to seek help. The penalties include up to one year in jail and a fine of up to $1,000.00 if convicted.
This crime is frequently connected with domestic violence. It could be committed along with other offenses, such as Penal Code 243(e)(1) domestic battery and Penal Code 273.5 PC corporal injury on a spouse.
Damaging a phone for any reason can also be filed as a crime by the district attorney as defined under Penal Code 591 PC.
PC 591.5 says, "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."
Some types of communication devices that are damaged in PC 591.5 cases include cell phones and iPads.
Simply put, it's a crime in California to deliberately damage or obstruct the use of an electronic communications device to prevent someone from receiving help in an emergency.
This crime is often called "damaging a cell phone to prevent help," but the law covers any other electronic device that could be used to call for help.
The prosecutor must prove all the elements of the crime to convict someone of damaging a communication device to prevent help.
These include showing, beyond a reasonable doubt, that you maliciously removed, injured, destroyed, damaged, or obstructed the use of any wireless communication device and that you intended to prevent someone from asking for help or notifying law enforcement of a crime.
Damage Cell Phone - Quick Facts
- PC 591.5 says that you cannot willfully and maliciously break or interfere with using a cell phone to hinder someone from seeking help or reporting a crime in progress.
- While this law is mainly to protect domestic violence victims, it is written to cover almost every instance of obstructing someone from calling for help.
- You do not have to physically damage someone's phone to be guilty of this crime; instead, you only have to prevent them from using it somehow.
- While cell phones are the most common devices used in these situations, the law covers any other types of wireless device used to summon help, including two-way radios, tablets, and "panic button" devices for medical emergencies.
- The prosecutor must prove you removed, injured, destroyed, damaged, or obstructed the use of any wireless communication device, and you did so maliciously intended to prevent someone from asking for help.
- California law says "maliciously" means an act done to annoy or injure someone or with an intent to do a wrongful act.
- Vandalism might also be charged instead of PC 591.5 if prosecutors cannot prove that you intended to prevent the victim from calling for help.
What are Some Examples?
- A husband commits domestic battery against his wife and then smashes her cell phone against the wall to prevent her from calling the police.
- A perpetrator commits robbery against someone and takes their victim's cell phone to keep them from calling the police and reporting the crime.
- An elderly person falls or has a medical emergency, and the caregiver intentionally removes their life call button to summon help.
- A home invader intentionally cuts utility lines to disrupt the phone signal before entering the home and victimizing the residents.
What Are the Related Crimes?
Damaging or obstructing a cell phone to prevent help often is connected to additional criminal charges based on the case details, such as the following:
- Penal Code 243(e)(1) PC - Domestic Battery. This law involves the willful use of force or violence against a spouse, significant other, or cohabitant. If your interference with their cell phone occurs during domestic violence, you might also face domestic battery charges.
- Penal Code 273.5 PC - Corporal Injury to a Spouse. This law involves inflicting physical injury on a significant other, which is a more severe form of domestic battery and carries harsher penalties.
- Penal Code 368 PC - Elder Abuse. If the alleged victim of phone obstruction was over age 65 and other types of abuse were involved, you might also face elder abuse charges in addition to damaging a cellphone.
- Penal Code 594 PC -Vandalism. This law involves willfully damaging or destroying someone else's property. If you damage the cellphone while obstructing its use, you might also be charged with vandalism.
What Are the PC 591.5 Penalties?
Intentionally damaging or obstructing a cell phone to prevent help is a misdemeanor crime in California. If you're convicted, the penalties can include the following:
- A maximum penalty is a fine of $1000.
- Up to one year in county jail.
Rather than sentencing a defendant to serve jail time, the judge can impose misdemeanor probation, often called summary or informal probation.
What are the Legal Defenses?
As noted, due to the nature of this crime, the district attorney must effectively prove that you damaged the victim's phone or another communication device to prevent them from using it.
It must also be proven that you did it willfully and with malicious intent and that it was done to prevent the victim from obtaining help or reporting a crime.
We can argue that you acted without malice. Maybe you damaged the phone accidentally or did not realize you were preventing the person from using the phone. This means acknowledging you did damage the cell phone, but there was malice involved in the act.
Perhaps you had no intention of preventing the alleged victim from getting help. Maybe you damaged the phone purposely, but you did not do so to keep the person from calling the police. We could argue they were not using the device to ask for help or contact the police.
Perhaps you were falsely accused. If a spouse falsely accuses you of domestic violence, they might have damaged their phone to make it look like you tried to stop them.
People are often wrongfully arrested for domestic violence based on false allegations from someone with other motives, such as anger, jealousy, or in an attempt to cover up their unlawful conduct.
Innocent people are sometimes charged with domestic violence cases and for allegedly damaging a cell phone to prevent them from calling the police for help. Contact our California criminal defense lawyers for more information. The Hedding Law Firm has offices in Los Angeles, CA.
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