Penal Code 653.2 makes it a misdemeanor to post or send someone’s personal identifying information or a harassing message online to incite third parties to harass or contact them — with intent to place them in reasonable fear.
It is California’s indirect cyber-harassment statute, distinct from direct harassment under PC 653m.
What PC 653.2 Says
PC 653.2 covers using an electronic communication device — a phone, a computer, a website — to distribute personal identifying information or a harassing electronic message, with intent to place the person in reasonable fear for their safety, and in a way likely to incite unwanted contact or harassment by a third party. It targets the person who weaponizes others to do the harassing.
How It Differs From PC 653m
PC 653m is about direct harassing or threatening contact — you calling or messaging the target. PC 653.2 is about indirect harassment — posting information or messages to get other people to contact or harass the target. The two are sometimes charged together.
Penalties and Defenses
PC 653.2 is a misdemeanor carrying up to one year in county jail and/or a $1,000 fine. Common defenses: no intent to place the person in fear or to incite harassment; the post was protected speech or a legitimate matter of concern; the information was already public or not identifying; and false or mistaken identity as to who posted it. judicial diversion (PC 1001.95) may resolve an eligible case.
Frequently Asked Questions
What is the difference between PC 653.2 and PC 653m?
PC 653m is direct harassment — you calling or messaging the target with obscene or threatening content or repeated contact. PC 653.2 is indirect: posting a person's information or messages online to incite third parties to contact or harass them. They are sometimes charged together.
Is PC 653.2 a misdemeanor?
Yes. Electronic harassment under PC 653.2 is a misdemeanor carrying up to one year in county jail and/or a $1,000 fine.
What are the defenses to a PC 653.2 charge?
No intent to place the person in fear or to incite harassment, that the post was protected speech or a legitimate concern, that the information was already public or not identifying, or mistaken identity as to who posted it.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com