Stalking, Penal Code 646.9
If you have been charged with Stalking, contact Los Angeles Criminal Defense
Attorney, Robert M. Bernstein today.
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.