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Southern California Stalking Defense Attorneys

California Penal Code 646.9

The crime of stalking is defined in California Penal Code Section 646.9 as repeatedly following someone and making a credible threat to that person's or his/her immediate family's safety.

If someone is convicted of stalking in California, he or she can be punished by up to three years state prison time.

If you are investigated for, accused of, arrested for or charged with a stalking offense in Southern California under Penal Code Section 646.9, one of our criminal defense attorneys would be happy to discuss the case with you.

Below is what the state must prove in order to convict someone of stalking under California law (based on the California Judicial Council's Jury Instructions):

The Crime of Stalking in California

1. The person charged with stalking willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;

AND

2. The person charged with stalking made a credible threat with the intent to place the other person in reasonable fear for his or her safety or for the safety of her or his immediate family.

• A credible threat means one that causes the target of the threat to reasonably fear for his or her safety or for the safety of his or her immediate family and one that the maker of the threat appears to be able to carry out.
• A credible threat can be made orally, in writing, or electronically or implied by a pattern of conduct or a combination of statements and conduct.
• Harassing is engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose. A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose.
• Repeatedly means more than once.
• The prosecution does not have to prove that a person who makes a threat intends to actually carry it out.

Additional Resources Regarding Stalking

Stalking Behavior
A guide of through the most current information available on stalking, and easy access to on-line references.

The Anti-Stalking Website
This site is intended to be a resource for stalking victims, law enforcement, mental health professionals, researchers, educators, legislators and security personnel.

Analysis of Stalking
Discussion of the psychology of stalkers and how stalking can lead to violence.