California Penal Code Section 646.9

Definition

Stalking under California Penal Code Section 646.9, is a criminal offense and it is normally filed as either a misdemeanor or felony. Stalking is when someone harasses someone to a point where their safety feels compromised.

Example

Stalking laws were initially created in light of celebrity stalking, but these days anyone can be stalked and feel endangered.

Elements of the Crime

In order to take an Stalking CPC 646.9 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant deliberately tagged behind someone or harassed them in numerous instances

·         The defendant made the victim and/or their family feel endangered

·         The defendant intimidated the person they were stalking

Punishments for CPC 646.9

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and the individual’s criminal history.

When found guilty of Stalking, it is usually filed as either a misdemeanor  or felony, which includes:

Misdemeanor charges for Stalking include up to one year in jail, up to one thousand dollars in fines, an informal probation and also a restraining order

Felony  charges for Stalking include between sixteen months to five years in prison, up to one thousand dollars in fines, a formal probation, enrollment in counseling and also a restraining order

Repeat stalkers face even higher fines.

Legal Defenses for California Penal Code 646.9

A good lawyer can present many legal and valid defenses for Stalking charges under California Penal Code 646.9 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Stalking. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Stalking.

Learn more about other California Section Penal Codes here.