California Stalking Prosecution

Stalking Prosecution – California Penal Code Section 646.9

To prove that you are guilty of stalking, the prosecution has the burden of showing that:

1. You either willfully and maliciously harassed or repeatedly followed a person;

2. AND you made a credible threat with the intent to place that person in reasonable fear for his/her safety or the safety of his/her immediate family.

Additional Notes:

• A threat is “credible” if you seem to be capable of actually carrying out the threat.

• Harassment means engaging in a knowing and willful course of conduct directed at a specific person that serves no legitimate purpose other than to seriously annoy, alarm, torment, or terrorize that person.

• A “course of conduct” means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose.

• Someone acts “maliciously” when he/she intentionally does a wrongful act or acts with the unlawful intent to disturb, annoy, or injure someone else.

• “Repeatedly” means doing something more than once. So engaging in conduct even just a second time is said to have been done repeatedly.