Stalking In California: PC 646.9

STALKING

What qualifies as stalking?

The offense of Stalking in California is defined under PC 646.9 as threatening, harassing, or following another person, to a point where that person fears for their safety. Stalking can be charged based on contact that is in person, or electronic or telephonic means as well.

Behaviors that can lead to stalking charges are:

Following someone
Going to somebody’s home or place of work
Surveilling someone
Making repeated contact that is unwanted or uninvited
Repeated harassment

Is stalking a misdemeanor or a felony?

This charge is a “wobbler” that can be charged as a misdemeanor or a felony, depending on the severity of the allegations. The consequences for this charge can be more severe if it is also in violation of a restraining order; or if you have a history of these types of offenses. Stalking charges are also a potential strike offense, which can subject you to more prison time, including potentially a life sentence on a third strike.

Is stalking a domestic violence offense?

Stalking is often a crime of domestic violence because it is common that there is a prior or current relationship between the person being charged and the alleged victim, but that is not always the case. Crimes of domestic violence can come with serious consequences. Read more about domestic violence charges in general, here.

CYBERSTALKING : PC 653.2(a)

What is cyberstalking?

While electronic harassment or surveillance can be charged as regular stalking, it can also be charged as Cyberstalking under 653.2(a). Beyond threatening or unwanted repeated contact by electronic means, here are additional examples of things that can lead to a charge for cyberstalking:

Sending emails or hyperlinks
Doxing
Sharing photos of someone
Making electronic communications that incite unlawful behavior against someone

Is cyberstalking a misdemeanor or a felony?

Like regular stalking charges, cyberstalking is also a wobbler that can be charged as a misdemeanor or a felony depending on the alleged conduct. It can also be punished more seriously when done in violation of a court order.