Stalking FAQs

California Stalking Frequently Asked Questions

Can a person who makes a threat while in jail still be guilty of stalking?

Yes. Although an inmate is physically incarcerated, it is still conceivable for the inmate to effectively act on a threat through other people. This makes it very reasonable for a victim to take the threat seriously.

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What if I never expressly made a threat? Can I still be guilty of stalking?

Yes. Even if you do not make any kind of verbal or written threat, it can be implied through a “pattern of conduct” that would lead a person to reasonably fear for his/her safety. Persistently following someone in their car (even after they make several attempts to lose you) can constitute a pattern of conduct that would lead someone to fear for their safety.

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Can I be sued in civil court for stalking?

Yes. If you are found civilly liable for stalking, you can face civil protective orders and may also be required to pay fines and damages to compensate the victim for the pain and anguish suffered.

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Is it a crime to repeatedly make contact with a person without making a criminal threat?

Yes. Under California Penal Code Section 653(b), it is a misdemeanor to make repeated phone calls or other contact through other means of communication with the intention to annoy or harass. Therefore, simply calling non-stop (even if you don’t say anything) can be charged as a crime as long as you had the intent to annoy or harass.

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Does it need to be proven that you actually intended to carry out the threat to be convicted of stalking?

No. The prosecution does not have the burden to prove that you intended to actually carry out your threat. All that is considered is what effect it had on the victim. As long as your threat was taken seriously by the victim, you can be convicted of stalking.

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