According to California Penal Code section 646.9 stalking; a defendant is guilty of the crime of stalking if he intentionally, maliciously and repeatedly follows or harasses another person and makes a credible threat with the intent to place that person in reasonable fear for his safety or the safety of his immediate family.
Prosecutor must establish the following elements in order to successfully convict a defendant of stalking under Penal Code 646.9
Credible threat is the one that makes a target person to reasonably fear for his safety or for the safety of a family member. Credible threat can be made in writing, verbally, electronically or in any other way that communicates the threat to a target person. It does not matter whether person actually had intention to carry out the threat or not, it is only important that he was able to carry out the threat.
Harassing means willfully engaging in a course of conduct directed at an exact person that seriously alarms, annoys, terrorizes or torments the person with no legitimate purpose. A course of conduct means continuing acts occurring over a certain period of time.
Malicious act is a wrongful act done with the intention of annoying injuring, or disturbing another person in an illegal way.
Here are some common examples of stalking under California Penal Code 646.9 include
In situations where the stalking acts are committed against an intimate partner the crime will be addressed under California domestic violence laws. A victim of stalking in California can file a domestic violence TRO against the defendant. This factor can lead to harsher punishment and penalties. An intimate partner can include:
According to PC 646.9 stalking is considered a wobbler and can be prosecuted either as a misdemeanor or a felony crime, depending on the defendant’s criminal history and specific facts of the case. Though there are some situations when the crime of stalking will be automatically charged as a felony:
Penalties for a misdemeanor stalking conviction under Penal Code 646.9 include the following
Penalties for a felony stalking conviction under Penal Code 646.9 include the following:
In case the circumstances of the crime meet certain aggravating factors the prison sentence may be increased. Here are some common aggravating factors:
In case the defendant caused great bodily harm to the victim he can be sentences to additional and consecutive 3 to 5 years in state prison.
In case at the time of committing a crime the defendant was carrying a weapon he can be sentenced to additional and consecutive 1 to 3 years in state prison.
For answers to any other questions you may still have about California Penal Code 646.9 charges or to discuss your case confidentially with our team of experienced California stalking defense lawyers give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
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