Penal Code § 632.5

 s 632.5. Cellular radio telephone interceptions;  application of section

  (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.  If the person has been previously convicted of a violation of this section or Section 631, 632, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.

  (b) In the following instances, this section shall not apply:

  (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

  (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

  (3) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

  (c) As used in this section and Section 635, "cellular radio telephone" means

 a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

Comment:

The legislative history of this statute is tremendously helpful in determining the intention of the California lawmakers.

 Sections 1 and 2 of Stats. 1985, c. 909, provide:

 "Section 1. This act shall be known and may be cited as the Cellular Radio Telephone Privacy Act of 1985.

 Sec. 2. The Legislature finds that the advent of widespread use of cellular radio telephone technology means that persons will be conversing over a network which cannot guarantee privacy in the same way that it is guaranteed over landline systems. 

 The Legislature further finds that there is, at present, no commercially feasible method to prevent unauthorized third parties from eavesdropping upon private cellular radio telephone communications.

 The Legislature also finds that the right of privacy has been established under present law in order to prevent the continued and increasing use of new technological devices and techniques suitable only for eavesdropping upon private conversations.

 Therefore, the Legislature declares that parties to a cellular radio telephone communication have a right of privacy in that communication, and that this act is intended to provide a legal recourse to those persons whose private cellular radio telephone communications have been maliciously invaded by persons not intended to receive such communication.

 It is not the intent of the Legislature to prohibit the manufacture, sale, possession, or use of electronic scanning devices, or radios, capable of intercepting or receiving radio frequencies other than or in addition to cellular radio frequencies, nor to prohibit the interception or reception of radio frequencies other than the unauthorized malicious interception or reception of cellular radio frequencies."

            As the last paragraph above indicates, this statute was not intended to outlaw scanners in any way.  It outlaws only the malicious interception of cellular radio frequencies.  Mere listening, without further action, stands very little chance of reaching the level of maliciousness.

Penal Code § 632.6

   s 632.6. Cordless or cellular telephones;  interception or receipt of communications without consent;  punishment;  exceptions

  (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

  (b) This section shall not apply in any of the following instances:

  (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

  (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

  (3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility.

  (c) As used in this section and in Section 635, "cordless telephone" means a two-way low power communication system consisting of two parts--a "base" unit which connects to the public switched telephone network and a handset or "remote" unit--which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths

reserved for cordless telephones.

Penal Code § 632.7

 s 632.7. Cordless or cellular radio telephones;  intentional recordation of   communications without consent;  punishment;  exceptions

  (a) Every person who, without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  If the person has been convicted previously of a violation of this section or of Section 631, 632, 632.5, 632.6, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

  (b) This section shall not apply to any of the following:

  (1)  Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

  (2)  The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

  (3)  Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

  (c) As used in this section, each of the following terms have the following meaning:

  (1) "Cellular radio telephone" means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones .

  (2) "Cordless telephone" means a two-way, low power communication system consisting of two parts, a "base" unit which connects to the public switched telephone network and a handset or "remote" unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.

  (3) "Communication" includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.

Comment:

            These sections were enacted on September 10, 1990 in response to the failure of the U.S. Supreme Court to find privacy protection for cordless telephones.  The Act contained the following introductory language, which is useful in interpreting its purpose:

            "Sec. 1. This act shall be known and may be cited as the Cordless and Cellular Radio Telephone Privacy Act. 

            Sec. 2. The Legislature hereby finds and declares all of the following:  (a) Increasing utilization of cordless telephone technology means that persons will be conversing using a technology which cannot guarantee privacy in the same way that it is guaranteed over the wire-based public switched network.  (b) The United States Supreme Court has failed to guarantee persons a reasonable expectation of privacy in conversations made with or to a person using a cordless telephone unit. 

(c) There is currently no commercially feasible method to prevent unauthorized third parties from eavesdropping upon private cordless telephone communications. 

(d) A citizen's right of privacy should protect him or her from sophisticated forms of surveillance and eavesdropping that use new technological devices and techniques suitable only for appropriating private conversations. 

(e) Parties to a cordless telephone communication have a reasonable expectation of privacy which the right of privacy protects, and this act is intended to provide a legal recourse to those persons whose private cordless telephone communications have been maliciously invaded by persons not intended to receive those communications. 

(f) It is not the intent of the Legislature in enacting this act to prohibit the manufacture, sale, possession, or use of electronic scanning devices, or radios capable of intercepting or receiving radio frequencies other than, or in addition to, cordless telephone radio frequencies, nor is it the Legislature's intent to prohibit the interception or reception of radio frequencies other than the unauthorized malicious interception or reception of cordless telephone radio frequencies."

Penal Law § 633

  s 633. Law enforcement officers;  authorized use of electronic, etc., equipment

Nothing in Section 631, 632, 632.5,  632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid  in that capacity by a county, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.  Nothing in Section 631, 632, 632.5,  632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.

Penal Law § 633.1

  s 633.1. Airport law enforcement officer telephone call;  recording; admissibility of evidence;  application of section

 (a) Nothing in Section 631, 632,  632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision (k) of Section 830.4, acting within the scope of his or her authority, from recording any communication which is received on an incoming telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers.  In order for a telephone call to be recorded under this subdivision, a series of electronic tones shall be used, placing the caller on notice that his or her telephone call is being recorded.

  (b) Nothing in Section 631, 632,  632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by an officer described in subdivision (a) if the evidence was received by means of recording any communication which is received on an incoming public telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers.

  (c) This section shall only apply to airport law enforcement officers who are employed at an airport which maintains regularly scheduled international airport service and which maintains permanent facilities of the United States Customs Service.

Penal Law § 633.5

s 633.5. Recording communications relating to commission of extortion,   kidnapping, bribery, felony involving violence against the person, or   violation of s 653m

Nothing in Section 631, 632, 632.5,  632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, or a violation of Section 653m. Nothing in Section 631, 632, 632.5,  632.6, or 632.7 renders any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, a violation of Section 653m, or any crime in connection therewith.

Penal Law § 634

s 634. Trespass for the purpose of committing prohibited acts;  punishment

  Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.  If the person has previously been convicted of a violation of this section or Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.

Penal Code § 635

s. 635. Manufacture, sale and possession of eavesdropping devices; punishment; recidivists;  exceptions

  (a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

  (b) This section does not apply to either of the following:

  (1) An act otherwise prohibited by this section when performed by any of the following:

  (A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to  the use of, the services or facilities of the utility .

  (B) A state, county, or municipal law enforcement agency or an agency of the federal government .

  (C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government.

  (2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.

Penal Law § 636

  s 636. Eavesdropping or recording conversation between prisoner and his attorney, clergyman or physician;  offense;  exception

  Every person, who, without permission from all parties to the conversation, eavesdrops on or records by means of an electronic or other device, a conversation, or any portion thereof, between a person who is in the physical custody of a law enforcement officer or other public officer, or who is on the property of a law enforcement agency or other public agency, and such person's attorney, religious advisor, or licensed physician, is guilty of a felony; provided, however, the provisions of this section shall not apply to any employee of a public utility engaged in the business of providing service and facilities for telephone or telegraph communications while engaged in the construction, maintenance, conduct or operation of the service or facilities of such public utility who listens in to such conversations for the limited purpose of testing or servicing such equipment.

Penal Law § 636.5

 s 636.5. Police radio communications;  prohibited interceptions;  penalty

  Any person not authorized by the sender, who intercepts any police radio service communication,  by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor.

  Nothing in this section shall preclude prosecution of any person under Section 31 or 32.

  As used in this section "police radio service communication" means a

communication authorized by the Federal Communications Commission to be transmitted by a station in the police radio service.

Comment:

This section is the main area of interest for scanner owners.  It prohibits only the improper use of information obtained from a police communication.  There is no prohibition of the mere act of listening, nor is there any prohibition of divulging information obtained, except to a suspect of a crime.