Description

A person who, by means of any machine, instrument, or contrivance intentionally taps, or a makes any unauthorized connection, whether physical, electrical, acoustically, inductively, or otherwise,, or who willfully and without the consent of all parties to the communication; or who uses, or attempts to use, in any manner, any information so obtained, may be charged with Wiretapping.

What does the prosecutor have to prove?

1. Defendant, by means of a machine, instrument, or contrivance, or in any other manner, intentionally tapped or made an unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with a telegraph or telephone wire, line, cable or instrument, including the wire, line, cable, or instrument of an internal telephonic communication system. or
1. Defendant willfully and without consent of all parties to the communication, or in an unauthorized manner, read, or attempted to read, or to learn the contents or meaning of a message, report, or communication while the same was in transit or passing over a wire, line, or cable, or was being sent from, or received at a place within this state.
2. Defendant used, or attempted to use, in any manner, or for any purpose, or to communicate in any way, information so obtained. or
2. Defendant aided, agreed with, employed, or conspired with a person or persons to unlawfully do, or permit, or cause to be done any of these acts.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No