California State Crimes Home
Bribery, Penal code 641.3
Vehicular Manslaughter, Penal Code 191.5
Receiving Stolen Property, Penal Code 496(a)
Grand Theft, Penal Code 487
Petty Theft, Penal code 484
Stalking, Penal Code 646.9
Solicitation for Prostitution, Penal Code 637(b)
Robbery, Penal Code 211
Resisting Arrest, Penal Code 148(a)(1)
Statutory Rape, Penal Code 261.5
Sexual Battery, Penal Code 243.4
Oral Copulation, Penal Code 266c
Rape, Penal Code 261
Prostitution, Penal Code 647(b)
Vehicular Manslaughter, Penal Code 192
Involuntary Manslaughter, Penal Code 192
Voluntary Manslaughter, Penal Code 192
Murder, Penal Code 187
Medical Marijuana, HS 11362
Concentrated Cannabis, HS 11006.5
Cultivation, HS 11358
Sale/Transportation, HS 11360
Possession for Sale, HS 11359
Possession, HS 11357
Engaging in Lewd Conduct, Penal Code 647(d)
Lewd conduct in public, Penal Code 647(d)
Kidnapping, Penal Code 207
Indecent Exposure, Penal Code 314
Felony Hit and Run, VC 20001
Misdemeanor Hit and Run, VC 20002
Forgery, Penal Code 470
Firearm Offenses, Penal code 12020
False Imprisonment, Penal Code 236
Failure to register as a sex offender, PC 290
Extortion, Penal Code 518
Embezzlement, Penal Code 503
Drunk in Public, Penal Code 647(f)
Under the Influence of Drugs, HS 11550
Possession of Meth, HS 11377
Sales/Transport of controlled subs, HS11352
Possession for Sales, HS 11351
Corporal Injury on Child, Penal Code 273d
Possession of controlled sub, HS 11350
Battery on Spouse, Penal Code 243(e)(1)
Corporal Injury on Spouse, PC 273.5
Domestic Violence, Penal Code 273.5
Criminal Threats, Penal Code 422
Child Pornography, Penal Code 311.3
Child Endangerment, Penal Code 273a
Child Abuse, Penal Code 273d
Carjacking, Penal Code 215
Burglary, Penal Code 459
Battery, Penal Code 242
Assault, Penal Code 240
Arson, Penal Code Section 451
Criminal Defense Home

Get real answers from a real professional.

If you have been charged with Stalking, contact Los Angeles Criminal Defense Attorney, Robert M. Bernstein today.



Stalking

Penal Code § 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.

(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.

(c) (1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished 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 for two, three, or five years.
(2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.

(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.

(e) For the purposes of this section, "harasses" means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.

(f) For the purposes of this section, "course of conduct" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

(g) For the purposes of this section, "credible threat" means a verbal or written threat, including that performed through the use of an electric communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear of his or her safety, or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant has the intent to actually carry out the threat. The present incarnation of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of "credible threat."

(h) For purposes of this section, the term "electronic communication device" includes but is not limited to, telephones, cell phones, computers, video recorders, fax machines or pagers.

(i) This section shall not apply to conduct that occurs during labor picketing.

(k) (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim that may be valid for up to 10 years, as determined by the court. It is the intent of the legislature that the length of any restraining order is based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
(2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.






The information on this website is for general information purposes only. Nothing on this should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Design by:www.ScorpionDesign.com