as amended, Low.
begin deleteInterception and intentional end deleterecording of communication.
Existing law makes it a misdemeanor, punishable by a fine not to exceed $2,500, by imprisonment in county jail for not more than one year or in the state prison, or by both that fine and
begin delete imprisonment to, without the consent of both parties,end delete intercept or receive and intentionally record, or assist in the interception or receipt and intentional recording of, a communication transmitted between 2 devices, begin delete including cordless telephones and cellular radio telephones.end delete
This bill would
begin delete increase the fine for this crime to not more than $3,500.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 632.7 of the Penal Code is amended to
(a) Every person who, without the consent of all parties
4to a communication, intercepts or receives and intentionally
5records, or assists in the interception or reception and intentional
6recordation of, a communication transmitted between two cellular
7radio telephones, a cellular radio telephone and a landline
8telephone, two cordless telephones, a cordless telephone and a
9landline telephone, or a cordless telephone and a cellular radio
10telephone, shall be punished by a fine not exceeding
begin delete threeend delete
11 thousand five hundred dollars
begin delete ($3,500),end delete or by
12imprisonment in a county jail not exceeding one year, or in the
13state prison, or by both that fine and imprisonment. If the person
14has been convicted previously of a violation of this section or of
15Section 631, 632, 632.5, 632.6, or 636, the person shall be punished
16by a fine not exceeding ten thousand dollars ($10,000), by
17imprisonment in a county jail not exceeding one year, or in the
18state prison, or by both that fine and imprisonment.
19(b) This section shall not apply to any of the following:
20(1) A public utility engaged in the business of providing
21communications services and facilities, or to the officers,
22employees, or agents thereof,
begin delete whereend delete the acts otherwise
23prohibited are for the purpose of construction, maintenance,
24conduct, or operation of the services and facilities of the public
26(2) The use of any instrument, equipment, facility, or service
27furnished and used pursuant to the tariffs of the public utility.
28(3) A telephonic communication system used for communication
29exclusively within a state, county, city and county, or city
6(c) As used in this section, each of the following terms have the
8(1) “Cellular radio telephone” means a wireless telephone
9authorized by the Federal Communications Commission to operate
10in the frequency bandwidth reserved for cellular radio telephones.
11(2) “Cordless telephone” means a two-way, low power
12communication system consisting of two parts, a “base” unit which
13connects to the public switched telephone network and a handset
14or “remote” unit, that are connected by a radio link and authorized
15by the Federal Communications Commission to operate in the
16frequency bandwidths reserved for cordless telephones.
17(3) “Communication” includes, but is not limited to,
18communications transmitted by voice, data, or image, including