(a) A person is guilty of unlawfully using a telephone when he: (1) refuses to relinquish immediately a party line or public telephone when informed that the party line or public telephone is needed for an emergency call to the Department of Public Safety, Armed Services Police, Air Sea Rescue or for medical aid or ambulance service; or (2) secures the use of a party line or public telephone by falsely stating that such line or telephone is needed for an emergency. (b) As used in this Section, party line means a subscriber's telephone circuit consisting of two (2) or more named telephone stations connected therewith, each station having a distinctive ring or telephone number.
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(c) As used in this Section, public telephone means a telephone available for public use. (d) As used in this Section, emergency means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential. (e) Unlawfully using a telephone, as defined in Paragraph (1) of Subsection (a) of this Section, is a misdemeanor. Otherwise, it is a violation. SOURCE: G.P.C. §§ 640b, 643; *Cal. § 1412 (1971); N.J. § 2C:40-2. Codified as § 70.40. Renumbered as § 70.430 by the Compiler as part of the reorganization of Chapter 70. COMMENT: Section 70.40 [70.430] replaces former Sections 640b and 643 of the Penal Code. Substantively, the only changes are to extend coverage to public telephone and to reduce the offense of securing a telephone unlawfully to a violation.