California Penal Code §653m (1999) “No Threatening Email Act”653m. (a) Every person who, with intent to annoy, telephones ormakes contact by means of an electronic communication device withanother and addresses to or about the other person any obscenelanguage or addresses to the other person any threat to inflictinjury to the person or property of the person addressed or anymember of his or her family, is guilty of a misdemeanor. Nothing inthis subdivision shall apply to telephone calls or electroniccontacts made in good faith.(b) Every person who makes repeated telephone calls or makesrepeated contact by means of an electronic communication device withintent to annoy another person at his or her residence, is, whetheror not conversation ensues from making the telephone call orelectronic contact, guilty of a misdemeanor. Nothing in thissubdivision shall apply to telephone calls or electronic contactsmade in good faith.(c) Every person who makes repeated telephone calls or makesrepeated contact by means of an electronic communication device withthe intent to annoy another person at his or her place of work isguilty of a misdemeanor punishable by a fine of not more than onethousand dollars ($1,000), or by imprisonment in a county jail fornot more than one year, or by both that fine and imprisonment.Nothing in this subdivision shall apply to telephone calls orelectronic contacts made in good faith. This subdivision appliesonly if one or both of the following circumstances exist:(1) There is a temporary restraining order, an injunction, or anyother court order, or any combination of these court orders, ineffect prohibiting the behavior described in this section.(2) The person makes repeated telephone calls or makes repeatedcontact by means of an electronic communication device with theintent to annoy another person at his or her place of work, totalingmore than 10 times in a 24-hour period, whether or not conversationensues from making the telephone call or electronic contact, and therepeated telephone calls or electronic contacts are made to theworkplace of an adult or fully emancipated minor who is a spouse,former spouse, cohabitant, former cohabitant, or person with whom theperson has a child or has had a dating or engagement relationship oris having a dating or engagement relationship.(d) Any offense committed by use of a telephone may be deemed tohave been committed where the telephone call or calls were made orreceived. Any offense committed by use of an electroniccommunication device or medium, including the Internet, may be deemedto have been committed when the electronic communication orcommunications were originally sent or first viewed by the recipient.(e) Subdivision (a), (b), or (c) is violated when the personacting with intent to annoy makes a telephone call requesting areturn call and performs the acts prohibited under subdivision (a),(b), or (c) upon receiving the return call.(f) If probation is granted, or the execution or imposition ofsentence is suspended, for any person convicted under this section,the court may order as a condition of probation that the personparticipate in counseling.(g) For purposes of this section, the term "electroniccommunication device" includes, but is not limited to, telephones,cellular phones, computers, video recorders, fax machines, or pagers."Electronic communication" has the same meaning as the term definedin Subsection 12 of Section 2510 of Title 18 of the United
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