California Penal Code §653y — Non-Emergency Misuse of 911
PC §653y makes it unlawful for any person to knowingly use the 911 emergency system for a non-emergency purpose. A first offense is an infraction, punishable by a written warning; a second offense is an infraction punishable by a $50 fine; and third and subsequent offenses are infractions with escalating fines up to $200. §653y applies to non-emergency misuse without the harassment intent that §653x requires.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Non-Emergency Misuse of 911 Cases in All LA County Courts
01 — Quick Facts
PC §653y — Non-Emergency Misuse of 911 at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §653y — Non-Emergency Use of 911 |
| Code Type | Penal Code (PC) |
| Classification | Infraction (escalating on repeat) |
| Penalty | 1st: warning; 2nd: $50 fine; 3rd+: escalating fines up to $200 |
| Intent | Knowing use of 911 for a non-emergency purpose |
| Related Statutes | PC §653x (harassing 911 calls); §148.3 (false emergency report); §14670.5 Gov. Code (misuse of emergency lines) |
| §17(b) | N/A (infraction) |
| Immigration | Non-CIMT — infraction generally without immigration consequence |
| Diversion | PC §1001.95 available if elevated to misdemeanor |
| Statute of Limitations | 1 year |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §653y?
What Is California Penal Code §653y?
PC §653y Reads:
"Any person who knowingly uses the 911 emergency system for any reason other than because of an emergency is guilty of an infraction, punishable as follows: (1) Upon a first violation, a written warning shall be issued. (2) Upon a second or subsequent violation, an infraction, punishable by a fine not exceeding fifty dollars ($50) for a second violation, one hundred dollars ($100) for a third violation, and two hundred dollars ($200) for any subsequent violation."
— California Penal Code §653y
PC §653y is the non-harassment counterpart to §653x. It covers non-emergency 911 use — calling 911 for directions, weather, information, hang-ups, pocket dials repeated after warning, and calling to complain about slow non-emergency services. Because it is an infraction with an initial written-warning tier, contested §653y cases are rare — but the statute is often paired with §653x, §148.3, or §148 (obstructing an officer) as leverage.
Why This Law Matters
Even an infraction citation creates a record that can be cited to elevate later companion filings (§653x, §148.3). Where the caller has cognitive or mental-health issues, referrals to CARE Court / county behavioral-health may be triggered. Rubin Law, P.C. resolves §653y at first appearance with dismissal or minimum-tier disposition, and prevents the citation from anchoring later misdemeanor exposure.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §653y
The People must prove each element beyond a reasonable doubt.
Use of 911 System
Defendant used the 911 emergency system by placing a call.
Knowing Use
Defendant knowingly used 911.
Non-Emergency Purpose
The purpose of the call was not an emergency.
For Elevated Fine Tier: Prior Violations
For $50/$100/$200 tiers, prosecution must show one, two, or three-plus prior §653y violations.
04 — Penalties
Penalties for PC §653y Non-Emergency Misuse of 911 in California
Penalty structure for PC §653y.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §653y First Offense | PC §653y(1) | Written warning only | N/A | No |
| §653y Second Offense | PC §653y(2) | $50 fine — infraction | N/A | No |
| §653y Third+ Offense | PC §653y(2) | $100 – $200 fine — infraction | N/A | No |
| Companion §653x | PC §653x | Up to 6 months / $1,000 — misdemeanor | Available | No |
Related Enhancements & Charges
Companion §653x
PC §653x
When intent to annoy or harass is present, DA upgrades to §653x misdemeanor.
Companion §148.3
PC §148.3
When call is a deliberately false report of an emergency.
Companion §148(a)
PC §148(a)
Willful obstruction/delay when misuse ties up dispatch capacity.
Restitution
PC §1202.4
Non-emergency response cost recovery.
Beyond the Sentence
- Record of infraction citations anchoring later misdemeanor exposure
- Phone-service restrictions as court term
- CARE Court / behavioral-health referral in mental-health-nexus cases
- Employment-background impact for public-safety jobs
- Restitution for dispatch costs (rare)
- Landlord / senior-community consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §653y Non-Emergency Misuse of 911 Charges
Rubin Law, P.C. defends this offense through the following strategies.
Good-Faith Belief in Emergency
Belief that an emergency existed — even if incorrect — is treated the same way as the §653x good-faith exemption.
Good Faith
No Knowing Use
Pocket dials, phone malfunction, and accidental 911 activations lack the 'knowingly' element.
Mens Rea
Warning-Tier Resolution
First offense resolves on written warning by statute — no court finding required in most cases.
§653y(1)
Prior-Violation Challenge
For elevated fine tiers, contesting the identity/validity of prior citations.
Priors
Companion Charge Defense
When paired with §653x or §148.3, defense strategy focuses on the companion misdemeanor.
Companion
Mental-Health Diversion
Where cognitive or mental-health issues drive the pattern, county behavioral-health engagement supports dismissal.
Behavioral Health
Constitutional Sources
07 — Court Process
How PC §653y Non-Emergency Misuse of 911 Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Citation
First offense issued as written warning; second-plus offenses cited into infraction court.
- 2
Step 2 — Court Appearance
Infraction docket; no jail exposure. Attorney can appear on client's behalf.
- 3
Step 3 — Plea / Trial
Rubin Law commonly resolves with trial-de-novo or diversion outcome.
- 4
Step 4 — Companion Filing Focus
Where §653x or §148.3 filed, defense strategy shifts to the companion misdemeanor.
- 5
Step 5 — Fine / Warning Resolution
Warning-tier or minimum-fine resolution to keep record clean.
- 6
Step 6 — Post-Disposition
Rubin Law preserves options for later expungement or record sealing if elevated to misdemeanor.
Los Angeles Courts That Handle PC §653y Non-Emergency Misuse of 911 Cases
§653y infractions venue in the courthouse serving the caller's location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Non-Emergency Misuse of 911 Defense Attorney
Daniel S. Rubin has defended clients charged with non-emergency misuse of 911 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 §653y in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Non-Emergency Misuse of 911 Cases Throughout LA County
09 — FAQs
PC §653y Non-Emergency Misuse of 911 Questions — Los Angeles
What is PC §653y?
PC §653y is a California infraction for knowingly using the 911 emergency system for a non-emergency purpose. First offense is a written warning; repeat offenses carry escalating fines up to $200.
Is §653y a crime on my record?
It is an infraction — the lowest tier of California offenses — and does not carry jail exposure. It appears on court records but not on typical criminal-history background checks the way misdemeanors and felonies do.
How is §653y different from §653x?
§653y punishes non-emergency 911 use without any harassment intent (infraction). §653x requires specific intent to annoy or harass another person (misdemeanor).
What about pocket dials?
Pocket dials lack the 'knowing' element required by §653y and are a defense to the citation.
Do I need a lawyer for an infraction?
Not required, but Rubin Law commonly appears on the client's behalf to resolve at the warning or minimum-fine tier and prevent later misdemeanor exposure.
Can §653y be elevated to a misdemeanor?
§653y itself remains an infraction, but repeat 911 misuse commonly triggers companion §653x or §148.3 filings that are misdemeanors or wobblers.
Immigration consequences?
An infraction §653y is generally non-CIMT and non-deportable, but analysis is fact-specific for non-citizens.
Available 24/7 — Free Consultation
Cited under PC §653y? Call Rubin Law.
§653y is an infraction — but companion §653x or §148.3 filings can elevate exposure. Rubin Law, P.C. resolves at the warning or minimum-fine tier. Call (213) 723-2337.