SAN DIEGO CRIMINAL DEFENSE LAWYER: TEXT MESSAGES, THREATS AND OBSCENITY
California Penal Code sec. 653m makes it a crime to use an electronic communication device
to threaten to inflict injury or to use obscene language. The minor here texted his strong feelings about his breakup with the victim. The juvenile court found the minor a ward for violating California Penal Code sec. 653m.
The Court of Appeal says that a physical threat is required. Here, the minor threatened to
shoot half the school and himself, but never threatened harm to the victim. The California Attorney General's theory is that the defendant was threatening psychic harm to the victim by making her watch others suffer.
The California Court of Appeal rejects this claim, saying that a threat of actual injury is required. The Court of Appeal also rejects the claim that the statements were obscene. The minor used swear words, but the Court of Appeal says that they just weren't obscene, since they weren't lewd or offensive in light of prevailing notions of decency.
In re C.C.; 2009 DJ DAR 15312; DJ, 10/28/09; C/A 3rd
