Section 632.5 Of Chapter 1.5. Invasion Of Privacy From California Penal Code >> Title 15. >> Part 1. >> Chapter 1.5.
632.5
. (a) Every person who, maliciously and without the consent of
all parties to the communication, intercepts, receives, or assists
in intercepting or receiving a communication transmitted between
cellular radio telephones or between any cellular radio telephone and
a landline telephone shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), by imprisonment in the county
jail not exceeding one year or in the state prison, or by both that
fine and imprisonment. If the person has been previously convicted of
a violation of this section or Section 631, 632, 632.6, 632.7, or
636, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000), by imprisonment in the county jail not
exceeding one year or in the state prison, or by both that fine and
imprisonment.
(b) In the following instances, this section shall not apply:
(1) To any public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, where the acts otherwise prohibited are
for the purpose of construction, maintenance, conduct, or operation
of the services and facilities of the public utility.
(2) To the use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
(3) To any telephonic communication system used for communication
exclusively within a state, county, city and county, or city
correctional facility.
(c) As used in this section and Section 635, "cellular radio
telephone" means a wireless telephone authorized by the Federal
Communications Commission to operate in the frequency bandwidth
reserved for cellular radio telephones.