California Penal Code § 646.9 PC – California Stalking Laws
Penalties, Legal Defenses, and How our San Diego Defense Lawyers Can Help You Fight Back
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
When you’re accused of stalking in California, the stakes are high. Stalking is a serious crime that can be charged as either a misdemeanor or a felony, often depending on the severity and persistence of the harassment. For those facing these charges, it’s essential to understand what you’re up against and how an effective legal defense can change the outcome of your case.
Stalking often intertwines with domestic violence cases, particularly when it involves a former partner or spouse. Being accused of stalking can leave you vulnerable to long-term consequences, including imprisonment, fines, restraining orders, and a permanent criminal record. But before we dive into how to fight these charges, let’s look at what constitutes stalking under California Penal Code 646.9.
What Is Stalking?
Stalking occurs when someone willfully and maliciously harasses or follows another person and makes a credible threat intended to place the victim in reasonable fear for their safety or the safety of their immediate family.
In other words, it’s not just about following someone once—it’s about persistent and intentional behavior that escalates into making the victim genuinely fearful. Here are the elements you need to know:
646.9. (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
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Examples of Stalking Behavior in Domestic Violence Cases
- Repeatedly showing up at your ex-partner’s home or workplace after being asked to stop.
- Sending a series of harassing or threatening texts or emails over several weeks or months.
- Following your former spouse to places like the gym or grocery store, even though they’ve asked you to stay away.
Elements of Stalking
- Harassment or Following: The defendant must have intentionally and repeatedly harassed or followed the alleged victim.
- Credible Threat: The threat made must cause the victim to reasonably fear for their safety or their family’s safety.
- Fear: The victim must actually experience fear due to the defendant’s actions.
- Repeated Behavior: Stalking is not a one-time occurrence—it involves multiple incidents of harassment or following.
Penalties for Stalking Under Penal Code 646.9
Stalking is a wobbler offense in California, which means it can be charged as either a misdemeanor or a felony. Here’s what you might be looking at if you’re convicted:
Misdemeanor Penalties:
- Up to 1 year in county jail
- Fines
- Protective orders requiring you to stay away from the victim
Felony Penalties:
- Up to 5 years in state prison
- Restraining orders
- Strike under California’s “Three Strikes” law
Aggravating Factors: If you have a prior conviction for stalking or domestic violence, the penalties become more severe, including potential mandatory imprisonment.
Best Defenses to Child Endangerment Charges
Stalking charges frequently accompany domestic violence allegations. It’s not uncommon for an abusive partner to stalk their victim as a means of control and intimidation. Often, a protective order has already been issued when stalking behavior begins, and violating this can lead to additional criminal charges.
Emotional and psychological manipulation is another common element in stalking cases within abusive relationships. The abuser may use stalking as a tool to control the victim long after the physical relationship ends.
Defending Against Stalking Charges
Accusations of stalking can feel like a direct attack on your character and freedom, but there are solid defenses to these charges. Common defenses include:
- No Credible Threat: Perhaps your actions did not rise to the level of creating fear for the victim’s safety.
- No Intent: Miscommunication or misunderstanding could have led the victim to believe you were threatening them when that wasn’t your intention.
- False Accusations: In some cases, individuals make false stalking claims to manipulate the legal system or exact revenge.
What Happens If the Victim Doesn’t Want Charges Filed?
It’s common for the victim of a stalking case to ask for the charges to be dropped, particularly in domestic violence cases. However, stalking is a crime that affects public safety, so prosecutors can still pursue charges even if the victim requests otherwise. The decision lies in the hands of law enforcement and the district attorney, not the victim.
Additional Resources for Victims of Stalking in Domestic Violence Cases
If you or someone you know is a victim of child endangerment, there are resources available to provide support and guidance.
- Office of Child Abuse Prevention (OCAP): Works to prevent and address child abuse and neglect in California.
- Local Child Protective Services (CPS): The agency responsible for investigating reports of child abuse and neglect.
- Prevent Child Abuse America: A national organization promoting public policies and awareness to prevent child abuse.
- Childhelp National Child Abuse Hotline (800-4-a-child): A 24-hour confidential hotline for crisis intervention and referrals to support resources.
- Child Abuse and Neglect (CDC.gov): Informational articles on child abuse prevention and intervention by the Centers for Disease Control and Prevention.
Your Defense Starts with the Right Attorney
When you’re facing stalking charges under Penal Code 646.9, your defense strategy matters. With a strong legal defense, you may be able to reduce or dismiss the charges altogether. At Kersey Law, we have the knowledge and experience to defend against stalking and domestic violence charges, offering a powerful voice in your corner when you need it most.
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