![]() Case law provides protections for people who use obscene language with people who have a history of using such language with each other.ĮX: Joe calls his friend, Bill, who doesn’t pick up, so he leaves a voice message for him. It may be the case that the language you used was labelled as obscene when it actually was not, but it also may be the case that you used obscene language in an environment where it doesn’t constitute illegal activity. You didn’t intend to annoy or harass anyone with your messages.Your language was not actually “obscene”.There are plenty of defenses that can be used against a false accusation of violating PC 653m. Making a direct threat over the phone would be a violation of PC 653m, for example, but it can also be its own crime (sometimes a felony) as stated in PC 422. While the offense itself does not carry very severe punishments, this is a crime that is commonly associated with others due to the fact that the content of the calls can sometimes lead to more charges. PC 653m is considered a misdemeanor offense in the state of California, meaning that the punishments could include: ![]()
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