Section 632.7 Of Chapter 1.5. Invasion Of Privacy From California Penal Code >> Title 15. >> Part 1. >> Chapter 1.5.
632.7
. (a) Every person who, without the consent of all parties to
a communication, intercepts or receives and intentionally records, or
assists in the interception or reception and intentional recordation
of, a communication transmitted between two cellular radio
telephones, a cellular radio telephone and a landline telephone, two
cordless telephones, a cordless telephone and a landline telephone,
or a cordless telephone and a cellular radio telephone, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If
the person has been convicted previously of a violation of this
section or of Section 631, 632, 632.5, 632.6, or 636, the person
shall be punished by a fine not exceeding ten thousand dollars
($10,000), by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment.
(b) This section shall not apply to any of the following:
(1) 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) The use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
(3) 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, each of the following terms have the
following meaning:
(1) "Cellular radio telephone" means a wireless telephone
authorized by the Federal Communications Commission to operate in the
frequency bandwidth reserved for cellular radio telephones.
(2) "Cordless telephone" means a two-way, low power communication
system consisting of two parts, a "base" unit which connects to the
public switched telephone network and a handset or "remote" unit,
that are connected by a radio link and authorized by the Federal
Communications Commission to operate in the frequency bandwidths
reserved for cordless telephones.
(3) "Communication" includes, but is not limited to,
communications transmitted by voice, data, or image, including
facsimile.