California Penal Code Sec. 632.6.

Intercepting or Receiving Cordless Telephone Communication; Penalty; Exceptions


Last Update: Sun Dec 24 09:30:58 EST 1995


California Penal Code Sec. 632.6. Intercepting or Receiving
Cordless Telephone Communication; Penalty; Exceptions


 (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 previously convicted of a violation of this section
or Section 631,632, 632.5, 632.7, or 636, the person shall be
punished by a fine not exceeding ten thousand dollars
($10,000), by imprisonment in the countyjail not exceeding one
year or in the state prison, or by both that fine and
imprisonment.
 (b) In the following instances, this section shall not apply:
 (1) To any public utility engaged in the business of providing
communication 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 communication system used for communication
exclusively within a state, county, city and county, or city
correctional facility.
 (c) As used in this section and section 635, "cordless telephone"
means a two-way low power communications 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 bandwidth
reserved for cordless telephones. Leg.H. 1990
ch.  696, 1992 ch.  298
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