what are california stalking laws Tag

There's nothing funny about being the victim of a stalking situation. It's a crime that often quickly escalates and can end in violence. If you suspect you have a stalker, there are a few things you should do right away. Take the Situation Seriously Don't assume...

24 January, 2023 /
anaheim-bail-bonds While everyone knows that stalking is a crime, few realize that it can be a felony or a misdemeanor (and in some cases, the accused might be charged with both a felony and a misdemeanor.) Every single state has stalking laws. While the nuances of stalking laws vary from one state to another, for the most part, each state has the same description of what can be considered stalking. As a rule, any behavior that can be considered prolonged harassment, an obvious attempt to frighten someone, the unwanted monitoring of a person, using proximity to threaten a person, or actions that lead to emotional distress is covered by stalking laws. Anyone who engages in the following types of behavior will likely be charged and convicted of stalking in California:
  • Going out of your way to follow a person
  • Frequently showing up at locations where you know a specific person will be
  • Using GPS to monitor a person’s movements
  • Constantly filming/photographing someone without their permission
  • Obsessively monitoring someone’s social media accounts, phone calls/texts, reading their emails, and studying their computer activities
  • Going out of your way to gather as much information as you can about a specific person
  • Leveling threats against a person or their loved ones (including pets) if they don’t spend time with you
  • Instigating property damage
  • Sending gifts and other forms of communication after you’ve been told to stop doing so
05 May, 2021 /
What Counts as Stalking in California?

What Counts as Stalking in California?

In healthy relationships, there is an equal amount of love and adoration from both parties involved. Unfortunately, not every relationship is a healthy one. There are a lot of one-sided relationships out there that are not good for either parties involved. What can be incredibly upsetting, and even scary, is when a person is way more into a person than that person is in to them. In extreme cases, the person who is infatuated with the other could become a stalker. Having a stalker can be truly terrifying and can cause a person fear for their own safety. Due to this fact, the act of stalking someone is illegal here in the state of California. Anyone caught stalking another person will face legal consequences.

Stalking Explained

Being stalked by someone can be very upsetting, even traumatizing, which is why it is illegal to stalk someone in California. Penal Code (PC) 646.9 defines stalking as: “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.” That is a whole lot of legal speak that can be a bit confusing, so let’s break it down a little bit.
  • Willfully – For something to be considered stalking, a person has to willfully choose to commit the act, which means he or she did it one purpose.
  • Maliciously – Maliciously means that the person intentionally did a wrongful act with the intent of disturbing, annoying, or injuring the other person.
  • Harassment – Harassment means acting in a way that annoys, alarms, torments, or terrorizes another individual.
  • Credible Threat – A credible threat is one that the threatened individual would have reason to believe the person could carry out, and therefore causes the victim to fear for their safety, or the safety of their immediate family. The threat can be made verbally, in writing, or electronically.
  • Immediate Family – Means spouses, children, siblings, parents, grandparents, or any person who lives in the same house as the person in question.
11 February, 2020 /