California Stalking Laws
|Code Section||Penal 646.9|
|Stalking Defined as||Willfully, maliciously, and repeatedly follows or harasses another and makes credible threat with intent to place another in reasonable fear for own safety or safety of his/her immediate family 646.9(a)|
|Punishment/Classification||1 year in county jail and/or $1,000; if probation granted or sentenced suspended, counseling required. However, court, upon showing of good cause, may find that counseling shall not be imposed. 646.9(j); if convicted of spouse or child abuse felony (273.5) or violation of protection order (273.6) or making terroristic threats (422), subject to 1 yr. or $1000 or both or 2, 3, or 5 yrs. in state prison|
|Penalty for Repeat Offense||If stalks when there is a temporary restraining order, injunction, court order against the same party, is punishable by imprisonment in the state prison for 2, 3, or 4 yrs. 646.9(b) Every person who, having been convicted of a felony under this section commits second/subsequent violation of section shall be punished by imprisonment in state prison for 2, 3 or 5 yrs. 646.9(c)(2)|
|Arrest or Restraining Order Specifically Authorized by Statute?||Restraining order may be valid for up to 10 years. 646.9(k)|
|Constitutionally Protected Activities Exempted?||Constitutionally protected activity is not included within the meaning of "course of conduct" 646.9 (f). Section does not apply to labor picketing. 646.9(i)|
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