Stalking Laws in California - Penal Code 646.9 PC
Stalking, whether physical, emotional, or sexual, is a grave and punishable crime under California law. It is illegal to hurt, intimidate, threaten, vandalize, harass, or stalk another individual, and the consequences can be severe.
Many of these actions lead to serious injuries or deaths and open the door to other types of criminal charges like trespassing, assault, criminal threats, computer crimes, and more.
If you find yourself facing serious stalking charges or have a restraining order against you, seeking professional legal advice at each step is not just crucial, but also provides you with the necessary guidance and reassurance.
Domestic violence and stalking are significant crimes, and an accused can benefit from the knowledge and experience of a Los Angeles criminal defense firm.
California Family Code 6211 plays a central role in determining whether an alleged offense qualifies as domestic violence.
At Cron, Israels & Stark, we are not just prominent California criminal defense attorneys; we are dedicated to supporting our clients throughout the legal process, providing a sense of security and understanding during a challenging time.
We are dedicated to helping our clients from arrest to arraignment, hearings, and each step throughout the legal process. Our goal is to help our clients achieve the best possible case outcome, often with the results of lessened charges or case dismissal.
Elements and Proof of Stalking
Stalking crimes under California Penal Code 646.9 PC are misdemeanors or felonies depending on the circumstances of the location, whether it is a violation of a restraining order, and other factors.
In the current age of global use of the internet and electronic devices, stalking crimes are more common.
Stalking crimes are mostly associated with domestic relationship situations, but they are not limited to those alone. Certain elements are necessary in order to prove an actual commission of a stalking crime as described in California Penal Code Section 646.9, and those include:
- The offender willfully, maliciously, and repeatedly harassed or followed the victim
- The offender made a credible threat against the victim. These are made in writing, verbally, via an electronic device, or other means.
- The credible threats were made with the intention of placing the victim in reasonable fear for their or their immediate family's safety
Examples of stalking can include following the victim, sending unwanted communications like texts, emails, phone calls, leaving phone messages, or sending unwanted gifts. Gathering excessive information about the victim can also be a stalking offense.
There must be some sort of action to annoy, alarm, terrorize, intimidate, torment, or threaten the victim's security. To establish purpose, at least two or more acts must be repeated against the victim.
Cyberstalking
Cyberstalking is a relatively new crime and has captured the attention of governmental agencies intent on prosecuting stalking and computer crimes.
Examples of cyberstalking can include posting false information about the victim, sending obscene or threatening emails to the victim or family members, ordering merchandise or services in another's name, or posting serious threats with the intent of getting others to engage in criminal activity.
A related crime for stalking is making annoying phone calls, described under California Penal Code Section 653m.
This statute makes it a crime to make repeated or harassing phone calls or phone calls that use obscene or threatening language. Many PC 653m criminal cases are related to domestic violence.
Aggravated trespassing is defined under Penal Code 601 PC. 18 U.S.C. 2261A makes federal stalking and cyberstalking electronically a federal offense.
Penalties for Misdemeanor and Felony Stalking
Stalking crimes are prosecuted as misdemeanor or felony cases, and the penalties can include:
- Misdemeanor: Maximum 1-year county jail; $1,000 fine
- Felony: Maximum five years in state prison; $1,000 fine
- Felony – Interstate Stalking: Maximum five years in federal prison; significant fines
Determining factors in a misdemeanor or felony case can involve the defendant's criminal history, other crimes they have committed, and the nature of the stalking. Many victims obtain restraining orders against their alleged stalkers.
Restraining and Protection Orders
A stalking victim can obtain an order for protection against the stalker. There are different kinds of protection orders depending on the situation. A victim of spousal abuse can obtain an Emergency Protection Order.
These orders can be a Domestic Violence Temporary Restraining Order or a Criminal Protective Order, as issued by the court. The process for obtaining these orders involves filing a petition with the court, attending a hearing, and presenting evidence of the stalking behavior.
Once issued, the stalker is legally prohibited from coming within a certain distance of the victim's work, home, or school. The victim can also request additional provisions, such as no contact through third parties or no contact at the victim's workplace.
It restricts direct or indirect contact with the protected individual, including any attempt to annoy, harass, stalk, assault, or otherwise disturb the victim's peace. Indirect contact can include sending messages through a third party, making threatening gestures, or any other form of communication that could reasonably be considered an attempt to intimidate or harass the victim.