A few messages. A post on Facebook. Maybe even tagging someone publicly on Instagram. In a digital world where screenshots spread instantly, what feels like online venting can sometimes cross a serious legal line. If you have been accused under California Penal Code section 653.2, you are likely shocked to learn how something digital turned into a criminal charge. This law covers behavior often described as cyber harassment or indirect threats, and it comes with real consequences.
Here is what you need to know if you are facing charges under this lesser-known but serious California law.
What Is California Penal Code Section 653.2?
Penal Code section 653.2 is known as California’s indirect cyber harassment statute. It prohibits electronically posting or distributing personal information about someone with the intent to cause them unwanted physical contact, injury, or harassment. It aims to punish those who attempt to incite or enable harassment of a victim by others.
The statute states that a person is guilty if:
- They electronically communicate a message;
- The message includes personal information;
- They make the communication with the intent to place someone in reasonable fear for their safety or to cause harassment; and
- As a result, the alleged target experiences unwanted contact or harassment.
Charges under this law involve cases such as cyberbullying, online stalking, or digital retaliation, where individuals use electronic means to harass or threaten others.
Key Elements of Indirect Cyber Harassment
To convict someone under Penal Code section 653.2, the prosecution must prove the following specific legal elements:
- Willful electronic posting of a message about another person;
- Inclusion of personally identifiable information such as phone number, address, or email;
- Intent to cause fear or harassment, not just venting or expressing an opinion; and
- Unwanted physical contact or credible threats resulting from the posting.
This means that jokes, insults, or passive-aggressive comments, even if mean-spirited, do not automatically constitute a criminal violation unless they meet all these elements.
Examples of Personally Identifiable Information
To qualify under the statute, the information posted must be specific enough to lead to direct or indirect unwanted contact. That might include:
- Full legal name and photo,
- Home or work address,
- Phone numbers or email accounts,
- Social media handles tied to personal profiles, or
- School or workplace location.
Courts will examine the content in context. Simply posting someone’s name is not enough, but combining it with a call to action or sharing private information could be a violation.
Common Scenarios
Law enforcement may pursue these charges in cases such as:
- Posting a former partner’s personal information after a breakup with the intent to provoke harassment;
- Sharing someone’s address in a group chat during a dispute, knowing others may retaliate;
- Posting screenshots from private messages during a heated group dispute, especially if those messages include someone’s location or identity details, to shame or endanger someone; or
- Repeatedly tagging someone in threatening content or asking others to do so.
The key issue is whether there was intent to cause harm and whether that harm manifested as real-world harassment.
Penalties Under California Penal Code Section 653.2
Although this charge is a misdemeanor, it can still carry significant penalties. Under Penal Code section 653.2, a conviction may result in:
- Up to one year in county jail;
- A fine of up to $1,000;
- Probation with conditions such as counseling or a no-contact order; and
- A criminal record that may impact future employment, housing, or licensing.
This charge is often filed alongside others, such as criminal threats (Penal Code §422) or stalking (Penal Code §646.9), which can enhance the severity of the case.
Additional Consequences of a Conviction
Beyond fines and jail time, an indirect cyber harassment conviction can affect:
- Social and professional fallout. A harassment conviction can destroy a person’s professional credibility.
- Loss of employment. Many employers have zero-tolerance policies for cyber-related offenses.
- Educational barriers. Students may face disciplinary actions from colleges or schools.
- Immigration issues. Non-citizens may encounter visa or residency complications.
These consequences can persist even after the legal case ends, especially in today’s digital world.
Legal Defenses to Indirect Cyber Harassment Charges
Every case depends on context, but there are a few common defenses that may apply:
- Lack of intent. If there was no intent to cause harassment or fear, this may defeat the charge.
- Protected speech. California courts are often very cautious about criminalizing lawful expression under the First Amendment.
- False accusation. In emotionally charged disputes, allegations of harassment may be exaggerated or retaliatory.
- No resulting harm. If no unwanted contact or credible threat followed the message, it may not satisfy the statute.
Working with a defense attorney early is key. These cases often involve digital records that must be subpoenaed to build a strong defense.
Facing Cyber Harassment Charges? We Can Help
With over 100 criminal jury trials completed and recognitions like Best Lawyers® 2024, The Law Offices of Kerry L. Armstrong, APLC, offers serious defense for serious charges. We are deeply familiar with California’s cyber harassment laws and have helped clients defend their reputations and futures statewide. Our team develops defense strategies customized to the individual circumstances of every case.
The law is nuanced, but the proper legal defense can make a dramatic difference. Let us help you respond, protect your record, and move toward a better outcome.
Frequently Asked Questions
Can I Be Charged Under Penal Code Section 653.2 If I Did Not Send a Direct Threat?
Yes. You do not have to threaten someone directly to be charged. The law covers situations where you publish or share personal information intending to incite harassment or fear.
Is Posting Someone’s Photo Illegal?
Not by itself. However, if the photo is tied to private or personal information and shared with harmful intent, it could be part of a Penal Code section 653.2 charge.
Can I Be Charged Even If Nothing Happened After I Posted?
Possibly. If the post reasonably caused fear or led to unwanted contact, even if mild, it may still qualify under the statute. But the absence of actual harm could help in your defense.
Resources
- California Cyber Harassment Law. Social Media Victims Law Center, link
- California Cyberstalking Statutes. Fresno State Student Affairs, link
Kerry L. Armstrong
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