What Is Criminal Harassment in California?
Criminal Threats and Stalking Under California Law
In California, “criminal harassment” is not a standalone statute. Instead, conduct typically described as criminal harassment falls under two primary criminal laws:
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California Penal Code 422 – Criminal Threats
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California Penal Code 646.9 – Stalking
These charges are prosecuted in criminal court and may result in incarceration, state prison time, fines, restraining orders, and long-term consequences.
Criminal harassment is distinct from civil harassment, which involves a private lawsuit seeking financial compensation or a restraining order—not criminal penalties.
If you are accused of stalking, cyberstalking, or making criminal threats, you are facing serious charges that require immediate legal representation.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
Criminal Threats – Penal Code 422
What Is a Criminal Threat?
Under Penal Code 422, criminal threats occur when someone:
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Willfully threatens to commit a crime that would result in great bodily injury or death
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Intends the statement to be taken as a threat
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Communicates the threat verbally, in writing, or electronically
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Makes the threat specific enough to convey immediate execution
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Causes the victim to be in reasonable fear for their safety
The prosecution must prove all elements beyond a reasonable doubt.
Importantly, the law does not require that the defendant actually intended to carry out the threat — only that the statement was intended to be taken seriously.
Penalties for Criminal Threats
Penal Code 422 is a wobbler, meaning it can be filed as either a misdemeanor or felony.
Misdemeanor Penalties
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Up to 1 year in county jail
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Fine
Felony Penalties
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Up to 3 years in state prison
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Fine up to $10,000
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Strike under California's Three Strikes Law
A felony conviction can permanently affect employment, firearm rights, and immigration status.
Stalking – Penal Code 646.9
What Is Stalking in California?
Under Penal Code 646.9, stalking occurs when someone:
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Willfully and maliciously harasses or repeatedly follows another person
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Makes a credible threat
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Intends to place that person (or their immediate family) in reasonable fear for their safety
Harassment is defined as conduct that seriously alarms, annoys, torments, or terrorizes someone and serves no legitimate purpose.
What Is a Credible Threat?
A credible threat causes a reasonable person to fear for their safety. It does not require physical contact or physical violence.
Repeated phone calls, messages, or social media conduct may qualify if the conduct reaches the legal threshold.
Penalties for Stalking (PC 646.9)
Stalking is also a wobbler offense.
Misdemeanor Stalking
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Up to 1 year in county jail
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Fine up to $1,000
Felony Stalking
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16 months, 2 years, or 3 years in state prison
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Fine up to $10,000
If the defendant has prior convictions for stalking or certain violent felonies, penalties can increase to up to 5 years in prison and possible sex offender registration under Penal Code 290.
Cyberstalking in California
What Is Cyberstalking?
Cyberstalking is a form of stalking carried out through electronic communication, including:
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Text messages
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Emails
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Social media posts
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Direct messages
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Repeated online harassment
To qualify as criminal stalking, the conduct must rise to the level of causing reasonable fear for safety.
Sending rude or offensive messages alone does not automatically constitute stalking. The conduct must meet specific legal elements.
Criminal Harassment and Domestic Violence
Criminal harassment charges are often connected to domestic violence allegations.
Domestic violence applies when the accused and alleged victim:
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Are married or divorced
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Are dating or previously dated
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Live or previously lived together
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Share a child
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Are closely related
Domestic violence does not require physical injury. Abuse may include:
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Threats
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Harassment
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Stalking
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Destroying property
Related charges may include:
Domestic allegations can significantly increase the seriousness of a case.
Frequently Asked Questions
Is criminal harassment a felony in California?
It can be. Both Penal Code 422 and 646.9 are wobblers and may be filed as misdemeanors or felonies.
Can you go to jail for sending threatening texts?
Yes. If the messages meet the elements of criminal threats or stalking, jail time is possible.
What counts as a credible threat?
A credible threat is one that would cause a reasonable person to fear for their safety under the circumstances.
Is cyberstalking treated the same as stalking?
Yes. Cyberstalking is prosecuted under the same statute as traditional stalking.
Does the victim actually have to be afraid?
Yes. The prosecution must prove the victim was in reasonable fear for their safety.
Defenses to Criminal Harassment Charges
A strong defense depends on the facts of the case. Possible defenses include:
No Credible Threat
Arguing the alleged threat was vague, ambiguous, or not immediate.
No Reasonable Fear
Showing the alleged victim could not reasonably have been in fear.
No Willful or Malicious Conduct
Demonstrating the conduct was misunderstood or had a legitimate purpose.
False Accusations
In emotionally charged domestic situations, accusations may arise from custody disputes, breakups, or personal motives.
Early intervention can prevent charges from being filed or reduce the severity of the case.
Why Early Legal Representation Matters
Criminal harassment allegations often lead to:
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Emergency protective orders
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Arrest
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Loss of firearm rights
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Damage to employment
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Immigration consequences
Prosecutors take these cases seriously, especially when domestic violence is involved.
An experienced criminal defense attorney can:
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Challenge the sufficiency of the evidence
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Seek dismissal when appropriate
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Pursue pre-filing intervention
Speak With a Los Angeles Criminal Defense Attorney
If you have been accused of stalking, cyberstalking, or criminal threats in California, you need immediate legal guidance.
Early legal strategy can make a significant difference in whether charges are filed and how aggressively they are prosecuted. Consult with an experienced criminal defense attorney to protect your rights, reputation, and future.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.