Penal Code 653m PC: Annoying Calls, Intent, and Penalties

California Penal Code 653m makes it a misdemeanor to use a phone or other electronic device to harass someone, either by sending obscene or threatening messages or by making repeated unwanted contact with the intent to annoy. A conviction carries up to six months in county jail, a fine of up to $1,000, or both.

What the Statute Prohibits

Section 653m sets out two separate offenses. They share a name but require different proof, and which subdivision applies changes what the prosecution has to show.

Obscene or Threatening Contact

Subdivision (a) covers contacting someone by phone or electronic device with the intent to annoy, and either using obscene language or threatening to injure the person, their property, or a family member.¹ One message can be enough. The prosecution does not have to prove a pattern, because the content itself is what makes the contact criminal.

Repeated Unwanted Contact

Subdivision (b) is different. It criminalizes repeated phone calls or electronic contacts made with the intent to annoy or harass, whatever the messages actually say.¹ The content does not need to be obscene or threatening. What matters is the repetition and the intent behind it. It also does not matter whether the recipient picked up or read the message; the offense is complete when the contact is made.

Intent Is the Element That Matters Most

Both subdivisions require specific intent. For subdivision (a), the caller must have intended to annoy. For subdivision (b), the intent must be to annoy or harass. This is what separates a criminal case from communication that simply upsets the person on the other end.

The statute writes the line into the text itself. Subdivision (a) excludes calls and electronic contacts made in good faith, and subdivision (b) adds a further exemption for contacts made in the ordinary course and scope of business.¹ A debt collector calling repeatedly about a past-due balance is irritating, but the calls serve a business purpose and do not fall within the statute. The same is true of co-parenting messages, attempts to resolve a dispute, and other communications with a real purpose beyond bothering the recipient.

Which Devices and Platforms Are Covered

The statute defines “electronic communication device” broadly. It names phones, cell phones, computers, video recorders, fax machines, pagers, personal digital assistants, and smartphones, and then adds a catch-all for “any other device that transfers signs, signals, writing, images, sounds, or data.”¹ That catch-all is what pulls text messages, emails, social media direct messages, and chat apps into the law’s reach even though the statute does not list those platforms by name.

Penalties and Probation

PC 653m is a misdemeanor. It does not prescribe its own sentence, so the default misdemeanor penalties under Penal Code 19 apply: up to six months in county jail, a fine of up to $1,000, or both.²

A judge can grant summary probation instead of jail. Under Penal Code 1203a as amended by AB 1950, misdemeanor probation for most offenses is capped at one year, and because 653m does not contain its own probation term, that one-year cap governs. The statute specifically authorizes the court to order counseling as a condition of probation for anyone convicted under this section.¹

The statute itself does not create a protective order, but judges often impose no-contact conditions as part of probation, and the victim can pursue a civil restraining order on a parallel track.

Provisions That Catch People Off Guard

Most 653m cases involve the two main subdivisions, but a few other parts of the statute reach conduct people do not expect to be covered.

The Return-Call Rule

Subdivision (d) closes an obvious loophole. If someone contacts you asking for a callback and then directs obscene language or threats at you when you return the call, that still violates the statute.¹ The fact that the victim dialed the number does not protect the harasser.

Letting Someone Else Use Your Device

Subdivision (e) makes you criminally responsible if you knowingly allow another person to use a phone or device under your control to commit harassment covered by the section.¹ Handing your phone to a friend so they can send threatening messages exposes you to the same misdemeanor.

Where the Case Can Be Filed

A phone offense can be prosecuted where the call was made or where it was received. For messages sent over the internet, the offense can be prosecuted where the message was sent or where the recipient first viewed it.¹ Sending messages from another state or another country does not keep the case out of California court.

Common Defenses

Because intent drives this offense, most defenses attack why the contact happened rather than whether it happened.

No intent to annoy or harass. If the communication had a good-faith purpose, it falls within the statute’s own exemption. Business calls, dispute-resolution attempts, and co-parenting messages are not criminal even if the recipient found them unwelcome.
The language was not obscene or threatening. A subdivision (a) charge requires content that crosses into obscenity or contains a real threat of injury. Rude or insulting language does not automatically qualify, and heated words spoken in frustration are not the same as a genuine threat.
Protected speech. Expressing an opinion, even a harsh one, is constitutionally protected. The statute cannot be used to punish speech that is merely offensive. This defense has limits: true threats and conduct aimed only at harassing are not protected.
No repetition under subdivision (b). If the charge is brought under subdivision (b), a single unwelcome call or message is not enough. The prosecution has to prove a pattern of contacts.

When the Conduct Gets Charged More Seriously

PC 653m sits at the lower end of California’s harassment and threat laws. If the conduct escalates, prosecutors can file heavier charges instead of, or on top of, a 653m count.

Stalking Under Penal Code 646.9

Stalking requires proof that the defendant repeatedly followed or harassed someone and made a credible threat with the intent to place the victim in reasonable fear for their safety. It is a wobbler, chargeable as a misdemeanor or a felony. As a misdemeanor, the penalty is up to one year in county jail and a $1,000 fine. As a felony, it carries state prison time, and the term rises to two, three, or four years in state prison if the stalking violates an existing restraining order.³ The dividing line from 653m is the threat: harassment that escalates into specific threats of violence is the kind of conduct that gets upgraded from 653m to 646.9.

Criminal Threats Under Penal Code 422

PC 422 covers threats to commit a crime that would result in death or great bodily injury, when the threat is specific enough to convey a real prospect of being carried out and causes the victim sustained fear.⁴ It is also a wobbler. A vague statement like “you’ll be sorry” may support a 653m charge but not a 422 charge. A specific threat like “I’m coming to your house tonight to hurt you” can support both.

A Parallel Civil Remedy for Victims

A criminal case is not the only option after harassing communications. California Code of Civil Procedure 527.6 lets victims petition for a civil harassment restraining order, and the statute specifically references annoying phone calls as described in Penal Code 653m.⁵ The victim can pursue this without waiting for prosecutors to file criminal charges.

To qualify, the harassment must involve unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms or harasses them and serves no legitimate purpose, and would substantially distress a reasonable person. An order can bar contact, require distance, and last up to five years, with renewal available for further five-year periods; an order with no expiration date defaults to three years.⁵ The filing fee runs about $435 to $450, but cases involving violence, stalking, or threats of violence have no fee, and fee waivers are available.⁶

1
California Legislative Information. California Penal Code 653m
2
California Legislative Information. California Penal Code 19
3
California Legislative Information. California Penal Code 646.9
4
California Legislative Information. California Penal Code 422
5
California Legislative Information. California Code of Civil Procedure 527.6
6
California Courts. File Your Request for Civil Harassment Restraining Orders