591.5 PC – Damaging a Communication Device to Prevent Help

Penal Code § 591.5 PC makes it a misdemeanor offense to damage or obstruct a communication device to prevent someone from using it to seek help. A conviction is punishable by

• up to one year in jail and
• a fine of up to $1000.00.

The language of the code section reads as follows:

591.5. 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.

This offense is often associated with domestic violence and may be committed together with the crimes of

• domestic battery (per PC 243(e)(1)) and/or
• corporal injury on a spouse (per PC 273.5).

(Note that damaging a phone, electrical or utility line for any reason may also be charged as a crime under Penal Code 591 PC.)

Examples

• During a heated argument, Mark throws his wife’s cell phone in a drawer after she tries to use it to call the police.
• Jennifer is about to use her cell phone to report that her husband is drunk and disorderly, but the husband takes the phone and smashes it with a hammer.
• Debbie breaks her own cell phone after a pick-pocket victim asks to use it to get help.

Defenses

There are several legal defenses that you can raise if accused of a crime under Penal Code 591.5. These include showing that you:

• acted without malice;
• had no intent to prevent help; and,
• were falsely accused.

Penalties

A violation of California Pena Code 591.5 PC is charged as a misdemeanor, as opposed to a California felony.

As a misdemeanor, the crime is punishable by:

• Imprisonment in a county jail for up to one year; and/or,
• A fine of up to $1,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. What does it mean to damage a communication device to prevent help?
• 2. How can I fight the charges?
  • 2.1 No malice
  • 2.2 No intent to prevent help
  • 2.3 Falsely accused
• 3. What are the penalties?
• 4. Related Offenses
  • 4.1 Vandalism – PC 594
  • 4.2 Domestic Battery – PC 243(e)(1)
  • 4.3 Corporal Injury on a Spouse or Cohabitant – PC 273.5

California Penal Code 591.5 PC makes it a crime to: Maliciously damage or obstruct a communication device with the intent to prevent a person from using the device to seek help.

1. What does it mean to damage a communication device to prevent help?

A prosecutor must prove three elements successfully to convict you of damaging a communication device with the intent to prevent help. These elements are:

1. You removed, injured, destroyed, damaged, or obstructed the use of any wireless communication device;
2. You did so “maliciously;” and,
3. In interfering with the device, you intended to prevent a person from asking for help or notifying law enforcement of a crime.¹

California law states that “maliciously” means an act done:

• With a wish to annoy or injure someone: or,
• With an intent to do a wrongful act.²

Some types of communication devices that get damaged in PC 591.5 cases include:

• Cell phones,
• iPads,
• Beepers, and
• Wireless landlines.

2. How can I fight the charges?

If you are accused under Penal Code 591.5, you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Please note, though, that it is critical to hire an attorney to get the most effective defense. Three common defenses to PC 591.5 accusations are:

1. No malice;
2. No intent to prevent help;
3. Falsely accused.

2.1. No malice

You must act “maliciously” to be convicted of a crime under Penal Code 591.5. It is a valid defense, therefore, to show that you did not act with malice.

This means you would have to show that, even though you may have damaged a cell phone, you did not specifically intend to do so. For example, it is possible that you destroyed a cell phone by accident.

2.2. No intent to prevent help

Recall that a main element within a PC 591.5 charge is that you must act with the specific intent to either:

• Prevent a person from asking for help; or,
• Notifying law enforcement of a crime.

Thus, it is a defense to show that you did not act with this intent. For example, you could argue that, while you did damage a person’s phone, the person was not using the device to seek help or to contact the police.

2.3. Falsely accused

Unfortunately, it is not at all uncommon to get prosecuted based on false allegations. Jealousy, revenge, anger, attempts to cover up one’s own criminal involvement – these are just a few of the reasons why someone may falsely accuse you of a crime.

False allegations are especially common in California domestic violence cases. Thus, it is always a defense to say that a party falsely accused you of violating Penal Code 591.5.

A misdemeanor committed under Penal Code 591.5 is punishable by: Imprisonment and/or a fine.

3. What are the penalties?

Damaging a communication device with the intent to prevent help is guilty of a misdemeanor.³

A misdemeanor committed under Penal Code 591.5 is punishable by:

• Imprisonment in the county jail for up to one year; and/or,
• A fine of up to $1,000.⁴

In lieu of imprisonment, a judge has the discretion to impose misdemeanor probation, or “summary” or “informal” probation.

4. Related Offenses

There are three crimes related to an offense under California Penal Code 591.5. These are:

1. Vandalism – PC 594;
2. Domestic battery – PC 243(e)(1); and,
3. Corporal injury on a spouse or cohabitant – PC 273.5

4.1. Vandalism – PC 594

Penal Code 594 PC is California’s vandalism and graffiti law. The law prohibits maliciously doing any of the following things to someone else’s property:

• Defacing it with graffiti or other written material;
• Damaging it; or,
• Destroying it.⁵

The penalties for California vandalism charges generally depend on the dollar value of the property damage that was done.

If the damage is worth $400 or more, vandalism is a wobbler offense, meaning it can be charged as either a California misdemeanor or a felony. If charged as a felony, the penalties for vandalism may include:

• A jail sentence of between one and three years; and/or,
• A fine of up to $10,000, or even more if the damage is very extensive.⁶

If the damage in a vandalism case is worth less than $400, the crime is charged as a misdemeanor. As such, it is punishable by:

• Up to one year in county jail; and/or,
• A maximum fine of $1,000.⁷

4.2. Domestic Battery – PC 243(e)(1)

Domestic battery is a crime under California Penal Code 243(e)(1) PC.

The legal definition of domestic battery is any willful and unlawful touching that is harmful or offensive—and is committed against:

• Your spouse or former spouse,
• Your cohabitant or former cohabitant,
• Your fiancé(e) or former fiancé(e),
• A person with whom you have or used to have a dating relationship, or
• The father or mother of your child.⁸

You can be convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured in any way. All that is required is that you use “force” or “violence” against them.⁹

Domestic battery is a misdemeanor under California law.¹⁰

The potential penalties include:

• A fine of up to $2,000, and/or
• Imprisonment in the county jail for up to 1 year.¹¹

4.3. Corporal Injury on a Spouse or Cohabitant – PC 273.5

California Penal Code 273.5 PC makes it a crime to willfully inflict “corporal injury on a spouse or cohabitant.”¹²

“Corporal injury” means any physical injury, whether serious or minor.¹³

Corporal injury on a spouse or cohabitant is a wobbler offense, meaning it can be charged as either a California misdemeanor or a felony. The decision as to whether a prosecutor charges it as a misdemeanor or a felony depends on:

• The facts of the case, and
• Your criminal history (if any).

A misdemeanor charge, with no prior convictions, is punishable by:

• Imprisonment in the county jail for up to one year; and/or,
• A fine of up to $6,000.¹⁴

A felony charge, with no prior convictions, is punishable by:

• 2, 3 or 4 years in a California state prison: and/or,
• A fine of up to $6,000.¹⁵

Legal References: