What is the meaning of section 653.2, subdivision (a) of the California Penal Code, and what is the test for establishing that a person is guilty if he or she electronically distributes a harassing message?

Penal Code section 653.2, subdivision (a), specifies that a person is guilty if he or she electronically distributes a harassing message which would ... likely ... incite or produce the third party's action. Defendant's reading of the statute eliminates the modifier likely, and would criminalize the proscribed acts only if a person's message incite[d] or produce[d] unlawful action. [A] statute should not be given a construction that results in rendering one of its provisions nugatory. [Citations.] [Citation.] If possible, significance should be given to every word, phrase, sentence and part of an act in pursuance of the legislative purpose. [Citation.] (People v. Hicks (1993) 6 Cal.4th 784, 796, 25 Cal.Rptr.2d 469, 863 P.2d 714, fn. omitted.) The plain meaning of the words used reveals no requirement that actual incitement or actual production of the enumerated unlawful effects be caused by a person's electronic distribution of a message. The only requirement is that a defendant's message is likely to incite or produce third party actions.