In California, damaging property is a serious offense. Especially if it has to do with phone, electricals, and even utility lines. Penal Code Section 591 makes it a crime for these types of damages. Maliciously taking down, disconnecting, cutting or obstructing any line of telegraph, phones, cable TV, or any line used to conduct electricity is punishable. Our modern contemporary society depends and relies on these utilities. These vital services is powers our homes and businesses. The following will dive into the specifics of CA Penal Code 591. Furthermore, we will be exploring the violations, potential penalties and the importance of seeking legal counsel if facing these types of charges under this statute.
California Penal Code Section 591: Damaging Phone, Electrical or Utility Lines
Under California Penal Code Section 591 it is illegal to maliciously and purposely damage, obstruct, disconnect remove, or otherwise injure wires, cables, television, or any equipment that is used for a telephone, cable, or electric service.
Often the crime of damaging phone, electrical, or utility lines is charged in combination with other offenses such as burglary or domestic violence. For committing this crime during an episode of domestic violence or burglary the defendant can face harsher charges than under California Penal Code Section 594 Vandalism.
Elements of California PC 591
PC 591 states that, prosecutor must establish the following elements to prove that the defendant is guilty of this damaging phone, electrical or utility lines under PC Section 591:
- Defendant illegally and maliciously took down, damaged, removed or obstructed a telephone, cable television or electrical line or mechanical equipment connected to the line, or
- Defendant illegally and maliciously severed a telephone, cable television or electrical line or
- Defendant illegally and maliciously made an unauthorized connection with a line used to conduct mechanical equipment or electricity connected to the line
The defendant can also be charged with criminal obstructing or cutting electrical or telephone lines as a result of illegally making an unlawful connection with an electrical line.
Acting Maliciously
For the purposes of PC Section 591, acting maliciously means that defendant had the intention to injure another one or do an unlawful act while accessing the electrical, phone, or cable lines.
Legal defenses for California Penal Code Section 591 Charges
- Accident
An accident is the most common defense for these cases. In order to be successfully convicted of a violation of Penal code Section 591, the defendant must have acted willfully. If the incident was an accident then the defendant not act deliberately then he did not commit a crime.
Penalties for Violating California Penal Code Section 591
In California law illegally and maliciously injuring electrical, cable or telephone lines is a wobbler and can be charged as either a misdemeanor or a felony depending on the case facts and the defendant’s criminal history. The prosecutor will also take into account the extent of damage and the reason for the defendant’s actions.
Penalties for a Misdemeanor Conviction of PC 591 Are the Following:
- Up to one year in a county jail
- A fine of up to 1,000
- Misdemeanor (summary) probation
Penalties for a Felony Conviction of PC 591 Are the Following:
- Felony (formal) probation;
- Sixteen months, two or three years in a county jail under California’s realignment program;
- A fine of up to $10,000.
Additional consequences can include possible civil suits from the victims. Thus the defendant can face additional financial liability if he or she is in a civil case for punitive damages for covering the cost of repairs.
Crimes Related to California PC 591
- California Penal Code Section 594: Vandalism
- California Penal Code Section 243(e) (1): Domestic Violence
- California Penal Code Section 459: Burglary
Contact Us
Facing these types of charges can have serious consequences, including potential jail time, fines, fees, and or potentially having a criminal record. It is important to seek legal consultation or speak with an attorney right away. Our office can provide a service or can help investigate the case, negotiate with prosecution, or even represent you in court if needed. Checking the facts is the first thing we want to establish, then we would like help develop a defense strategy when applicable. Pena Code 591 isn’t Capital Punishment, but still serious nonetheless. We warn all readers and anyone in the community to avoid any acts of harm or commit property damage.
At KAASS LAW, we have the experience in helping individuals that are facing criminal charges, including destruction or damages of essential infrastructure. We understand how complex Penal Code 591 is and commit to providing our clients with the high quality legal representation. If you are dealing with these charges under this statue, contact us today for a consultation that will be confidential. We will be happy to review your case, explain your options and provide a defense strategy if necessary. Allow us to try to help you protect your rights. Don’t face these serious charges alone alone. Let our litigating team help you.