2020 California Code
Penal Code - PEN
PART 1 - OF CRIMES AND PUNISHMENTS
TITLE 15 - MISCELLANEOUS CRIMES
CHAPTER 1.4 - Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications
Section 629.51.
(a) For the purposes of this chapter, the following terms have the following meanings:
(1) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of a like connection in a switching station), furnished or operated by any person engaged in providing or operating these facilities for the transmission of communications.
(2) “Electronic communication” means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system, but does not include any of the following:
(A) Any wire communication defined in paragraph (1).
(B) Any communication made through a tone-only paging device.
(C) Any communication from a tracking device.
(D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(3) “Tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or object.
(4) “Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
(b) This chapter applies to the interceptions of wire and electronic communications. It does not apply to stored communications or stored content.
(c) The act that added this subdivision is not intended to change the law as to stored communications or stored content.
(Amended by Stats. 2010, Ch. 707, Sec. 2. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2025, pursuant to Section 629.98.)
