Penal Code 646.9 PC in California addresses the crime of stalking. Here’s a summary:
- Stalking Defined: Penal Code 646.9 PC defines stalking as willfully, maliciously, and repeatedly following or harassing another person, and making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family.
- Elements of the Offense:
- Willful and Malicious Conduct: The accused must engage in willful and malicious conduct.
- Repetition: Stalking involves a pattern of repeated behavior.
- Credible Threat: The accused must make a credible threat, either verbally, in writing, or electronically, with the intent to create fear for the victim’s safety.
- Protected Persons: Stalking can involve any person, but Penal Code 646.9 PC specifically addresses situations where the victim is a person’s immediate family, a spouse, or an individual with whom the accused has or had a dating relationship.
- Penalties: Stalking is generally considered a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony. The decision may depend on factors such as the severity of the conduct, any prior stalking convictions, and the defendant’s criminal history.
- Restraining Orders: If convicted of stalking, a court may issue a restraining order prohibiting the accused from having contact with the victim.
- Intent and Fear: The crime involves both an intent to instill fear and actual fear experienced by the victim.
