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Return to Non-CALJIC Offenses – Contents

F 18.71 n1  Obtaining Telephone Service By Fraud: Whether Offense Is Felony Or Misdemeanor (PC 502.7).

PC 502.7, as amended in 1993, provides that a violation of subdivision (a) may be either a felony or misdemeanor “except as provided in subdivision (g).”  Under PC 502.7(g) a violation is not a wobbler but a felony if the person has a predicate prior conviction.  The statute no longer refers to a loss in excess of $400.00, and other than the reference to subdivision (g), section 502.7(a) contains no other limitation on when its violation is either a misdemeanor or felony.  (See People v. Crossdale (2002) 27 C4th 408, ____ [116 CR2d 686, 688] [whether first‑time offense of obtaining telephone services by fraud is felony or misdemeanor not dependent upon value of services stolen].

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