California Penal Code §653x — Harassing 911 Calls
PC §653x makes it a misdemeanor for any person to knowingly permit or use a telephone to contact the 911 emergency system with the intent to annoy or harass another person. A violation is punishable by up to six months in county jail and/or a $1,000 fine. Making 911 calls to report a genuine emergency — even where responders determine no emergency existed — is not §653x when the caller acted in good faith.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Harassing 911 Calls Cases in All LA County Courts
01 — Quick Facts
PC §653x — Harassing 911 Calls at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §653x — Harassing Calls to 911 |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail and/or $1,000 fine |
| Intent | Specific intent to annoy or harass |
| Related Statutes | PC §653y (non-emergency 911 misuse); §148.3 (false report of emergency); §653m (annoying phone calls) |
| §17(b) | Not applicable (misdemeanor) |
| Immigration | Rarely CIMT; fact-dependent |
| Diversion | PC §1001.95 judicial diversion available |
| Statute of Limitations | 1 year (misdemeanor) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §653x?
What Is California Penal Code §653x?
PC §653x Reads:
"Any person who knowingly allows the use or who uses a telephone for the purpose of contacting the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. Nothing in this section shall apply to a call made in good faith."
— California Penal Code §653x
PC §653x targets the intentional misuse of 911 as a harassment tool — repeat 911 calls dispatched to an ex, neighbor, or business rival; 'swatting'-adjacent conduct where the caller's aim is to annoy or trigger a police response against the target; and cases where a suspect hands a phone to another person while a 911 call is active for the purpose of harassment. It is distinct from §653y (non-emergency misuse without harassment intent) and §148.3 (deliberately false report of a criminal or emergency incident).
Why This Law Matters
§653x carries misdemeanor jail exposure and can bar security-clearance, TSA, public-safety, and healthcare positions. Companion filings — false-report (§148.3), swatting (§148.3(c)) causing GBI (wobbler up to 3 years), stalking (§646.9), and restraining-order violations — are common. Rubin Law, P.C. defends by attacking the specific-intent element, isolating good-faith emergency calls, and negotiating §1001.95 diversion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §653x
The People must prove each element beyond a reasonable doubt.
Use of Telephone to Contact 911
Defendant used, or knowingly permitted another to use, a telephone to contact the 911 emergency system.
Specific Intent to Annoy or Harass
Defendant acted with intent to annoy or harass another person.
Good-Faith Carve-Out
The statute expressly does not apply to calls made in good faith.
Knowing Allowance (Third-Party Track)
For 'allowed the use' theory, defendant knowingly permitted another person to make the harassing call.
04 — Penalties
Penalties for PC §653x Harassing 911 Calls in California
Penalty structure for PC §653x.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §653x Misdemeanor | PC §653x | Up to 6 months county jail | Available (summary) | No |
| Fine | PC §653x | Up to $1,000 | N/A | N/A |
| Companion §148.3 False Report | PC §148.3 | Up to 1 year county jail (misdemeanor); wobbler w/ GBI or death | Available | No |
| Companion §646.9 Stalking | PC §646.9 | Wobbler — up to 3 years state prison | Available | No |
Related Enhancements & Charges
Companion §148.3
PC §148.3
False report of emergency — wobbler with GBI or death causation.
Companion §646.9
PC §646.9
Stalking — when the 911 misuse is part of a stalking course of conduct.
Companion §273.6
PC §273.6
Restraining-order violation — when the call violates an existing order.
Restitution
PC §1202.4
Response-cost restitution to dispatch and responding agencies.
Beyond the Sentence
- Restitution for dispatch and law-enforcement response costs
- Restraining-order impact and stay-away conditions
- Employment barrier for public-safety, TSA, and clearance jobs
- Phone-service restrictions as probation term
- Companion §148.3 swatting exposure when public-safety response is triggered
- Family-court visibility in custody disputes
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §653x Harassing 911 Calls Charges
Rubin Law, P.C. defends this offense through the following strategies.
Good-Faith Call
The statute expressly exempts good-faith calls. Genuine belief that an emergency existed — even if mistaken — defeats §653x.
Statutory Carve-Out
No Intent to Harass
Prosecution must prove specific intent to annoy or harass. Ordinary reporting of concerns, disputes, or nuisances is not §653x.
Intent
Mistaken Identity
Household with multiple callers, spoofed calls, and shared phones create identification defenses.
ID
Mental-Health Diversion (§1001.36)
Where anxiety, mood, or trauma disorders drove the conduct, §1001.36 diversion applies.
Civil Compromise (§1377)
Non-violent misdemeanor with an identifiable private victim may resolve on §1377 compromise.
PC §1377
Constitutional Sources
07 — Court Process
How PC §653x Harassing 911 Calls Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Investigation
911 recordings and dispatch metadata are preserved by the responding agency; Rubin Law preserves records early.
- 2
Step 2 — Filing
LA City Attorney or DA files §653x misdemeanor complaint; §148.3 companion evaluation.
- 3
Step 3 — Arraignment
OR release common; protective-order request in domestic contexts.
- 4
Step 4 — Discovery / Motions
911 audio, phone records, and cell-site data; identity and intent litigation.
- 5
Step 5 — Plea / Diversion
PC §1001.95 diversion; §1001.36 where mental-health nexus supports it.
- 6
Step 6 — Trial or Sentencing
Trial defense on good-faith exemption and intent. Sentencing targets no-custody probation.
Los Angeles Courts That Handle PC §653x Harassing 911 Calls Cases
§653x filings venue in the courthouse serving the caller's location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Harassing 911 Calls Defense Attorney
Daniel S. Rubin has defended clients charged with harassing 911 calls and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §653x in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Harassing 911 Calls Cases Throughout LA County
09 — FAQs
PC §653x Harassing 911 Calls Questions — Los Angeles
What is PC §653x?
PC §653x is a misdemeanor that punishes anyone who uses — or knowingly allows someone else to use — a telephone to call 911 with the intent to annoy or harass another person.
What if I really thought it was an emergency?
The statute expressly does not apply to calls made in good faith. Genuine belief in an emergency — even if mistaken — is a complete defense.
How is §653x different from §653y?
§653x requires intent to annoy or harass and is a misdemeanor. §653y punishes non-emergency 911 use without that harassment intent and is an infraction on first offense (misdemeanor on repeat).
Is 'swatting' §653x?
Swatting typically involves a deliberately false report of a violent emergency and is charged under PC §148.3 (wobbler with GBI/death). §653x may accompany when the intent element fits.
Do I have to pay for the police response?
Yes — restitution for dispatch, patrol, and any specialized response can be ordered as a term of probation.
Can I get diversion?
Yes — misdemeanor §653x qualifies for PC §1001.95 judicial diversion (dismissal upon compliance). PC §1001.36 mental-health diversion may apply where a qualifying diagnosis is linked.
Immigration consequences?
§653x is rarely categorized as a CIMT, but immigration analysis is fact-specific and non-citizens should structure any plea carefully.
Available 24/7 — Free Consultation
Charged with PC §653x Harassing 911 Calls? Call Rubin Law.
§653x turns on intent — and good-faith emergency calls are exempt by statute. Rubin Law, P.C. defends by attacking intent and pursuing §1001.95 diversion. Call (213) 723-2337.