Damaging a Communication Device to Prevent Help – California Penal Code 591.5 PC

California law makes it illegal to intentionally damage or interfere with a communication device in order to prevent someone from calling for help during an emergency. This offense is commonly referred to as “damaging a cell phone to prevent help.”

The law is codified under California Penal Code 591.5. While cell phones are the most common devices involved, the statute applies to any wireless communication device that someone could use to contact emergency services or law enforcement.

This offense often appears in domestic violence cases, where a suspect allegedly interferes with a victim's ability to call 911 or seek help.

If convicted, a person may face up to one year in county jail, fines of up to $1,000, and possible probation.

What Is Penal Code 591.5 PC?

Under California Penal Code 591.5, it is a crime to willfully and maliciously destroy, damage, remove, or obstruct the use of a wireless communication device with the intent to stop someone from:

  • requesting emergency assistance

  • reporting a crime to the police

  • contacting emergency responders

Importantly, the law does not require the device to be permanently damaged. Simply interfering with someone's ability to use the device may be enough to trigger criminal liability.

Examples of wireless communication devices covered by this law include:

  • cell phones

  • tablets

  • wireless landline phones

  • emergency panic buttons

  • two-way radios

Examples of Damaging a Communication Device

Common scenarios that may lead to charges under this statute include:

  • breaking or hiding a phone during a domestic dispute to prevent a partner from calling police

  • grabbing a victim's phone during a robbery so they cannot report the crime

  • removing an elderly person's medical alert device during an argument

  • interfering with a wireless device used to summon emergency assistance

In each of these situations, prosecutors must show that the defendant intentionally interfered with the device to prevent someone from seeking help.

Elements Prosecutors Must Prove

To convict someone under Penal Code 591.5 PC, the prosecution must prove the following elements beyond a reasonable doubt:

  • the defendant maliciously damaged, removed, or obstructed a communication device

  • the device was capable of contacting emergency services or law enforcement

  • the defendant acted with the intent to prevent the victim from seeking help or reporting a crime

If prosecutors cannot prove these elements, the charge may be reduced or dismissed.

Penalties for Penal Code 591.5 PC

Damaging or obstructing a communication device to prevent help is typically charged as a misdemeanor in California.

Possible penalties include:

  • up to 1 year in county jail

  • fines of up to $1,000

  • summary (informal) probation

In some cases, the judge may grant probation instead of jail time, particularly if the defendant has no prior criminal record.

However, if the offense occurred during another crime—such as domestic violence—the penalties may become more serious due to additional charges.

Common Legal Defenses

A skilled criminal defense attorney can challenge Penal Code 591.5 charges in several ways.

Lack of Malicious Intent

The prosecution must prove the defendant acted willfully and maliciously. If the phone was damaged accidentally, the crime may not apply.

No Intent to Prevent Help

Even if the defendant damaged the device, prosecutors must show the purpose was to stop the victim from calling for help.

If the device was damaged for another reason, the charge may not be valid.

False Accusations

Domestic disputes sometimes involve false allegations. In some situations, a person may claim their phone was damaged in order to strengthen a domestic violence claim.

A defense attorney may investigate evidence such as:

  • witness testimony

  • surveillance footage

  • text message records

Related California Crimes

Charges under Penal Code 591.5 frequently occur alongside other criminal offenses, depending on the circumstances of the incident.

California Penal Code 243 – Domestic Battery

Domestic battery occurs when someone uses force or violence against a spouse, cohabitant, dating partner, or other intimate partner. These cases often involve allegations that the defendant prevented the victim from calling the police during the incident.

California Penal Code 273.5 – Corporal Injury to a Spouse or Cohabitant

This offense involves causing a traumatic physical injury to a spouse, cohabitant, or partner. Prosecutors frequently file this charge alongside PC 591.5 if the defendant allegedly damaged a phone during a domestic violence incident.

California Penal Code 594 – Vandalism

Vandalism involves maliciously damaging someone else's property. If a phone or communication device is destroyed, prosecutors may add vandalism charges in addition to PC 591.5.

California Penal Code 368 – Elder Abuse

If the alleged victim is 65 years or older and the defendant interferes with a device used to request medical assistance, prosecutors may also file elder abuse charges.

California Penal Code 591 – Damaging Telephone or Electrical Lines

This related statute makes it illegal to damage telephone or electrical lines that provide communication services. It may apply when someone interferes with communication systems rather than a specific device.

Frequently Asked Questions

Do you have to break the phone to violate Penal Code 591.5?

No. Physically breaking the phone is not required. Simply preventing someone from using the device to call for help may be enough.

Is damaging a phone to prevent help a felony?

Typically, this offense is charged as a misdemeanor. However, it often accompanies more serious charges such as domestic violence.

Can someone be charged if the victim never tried to call the police?

Yes. Prosecutors only need to prove the defendant intended to prevent the victim from seeking help.

Can the charges be dismissed?

Possibly. If prosecutors cannot prove intent, malice, or interference with the device, a defense attorney may be able to obtain a dismissal or reduction of charges.

Get Legal Help for Penal Code 591.5 Charges

Charges for damaging a communication device to prevent help can have serious consequences, particularly when combined with domestic violence allegations.

An experienced California criminal defense attorney can review the evidence, challenge the prosecution's case, and develop a strategy to protect your rights.

If you are facing charges under Penal Code 591.5 PC, speaking with a knowledgeable defense lawyer as soon as possible can help you understand your legal options.

The Hedding Law Firm is here to help. Schedule your consultation today using the contact form here.