Cal. Pen. Code § 631
Section 631 - Unlawful tapping
(a) Any person who, by means of any machine, instrument, or contrivance, or in any other
manner, intentionally taps, or makes any unauthorized connection, whether physically,
electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire,
line, cable, or instrument, including the wire, line, cable, or instrument of any internal
telephonic communication system, or who willfully and without the consent of all parties to
the communication, or in any unauthorized manner, reads, or attempts to read, or to learn
the contents or meaning of any message, report, or communication while the same is in
transit or passing over any wire, line, or cable, or is being sent from, or received at any
place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or
to communicate in any way, any information so obtained, or who aids, agrees with,
employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be
done any of the acts or things mentioned above in this section, is punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county
jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170,
or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of
Section 1170. If the person has previously been convicted of a violation of this section or
Section 632, 632.5, 632.6, 632.7, or 636, the offense is punishable by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine
and imprisonment.
(b) This section shall not apply to any of the following:
(1) Any public utility, or telephone company, engaged in the business of providing
communications services and facilities, or to the officers, employees or agents thereof,
where the acts otherwise prohibited herein are for the purpose of construction,
maintenance, conduct or operation of the services and facilities of the public utility or
telephone company.
(2) The use of any instrument, equipment, facility, or service furnished and used pursuant
to the tariffs of a public utility.
(3) Any telephonic communication system used for communication exclusively within a
state, county, city and county, or city correctional facility.
(c) For purposes of this section, "telephone company" is defined in paragraph (3) of
subdivision (c) of Section 638.
(d) Except as proof in an action or prosecution for violation of this section, no evidence
obtained in violation of this section shall be admissible in any judicial, administrative,
legislative, or other proceeding.
Ca. Pen. Code § 631
Amended by Stats 2022 ch 27 (SB 1272),s 1, eff. 1/1/2023.
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Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.
Amended by Stats 2011 ch 15 (AB 109),s 428, eff. 4/4/2011, but operative no earlier than
October 1, 2011, and only upon creation of a community corrections grant program to assist
in implementing this act and upon an appropriation to fund the grant program.
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Section 631 - Unlawful tapping Cal. Pen. Code § 631
