California Stalking Laws

Code Section
Penal 646.9

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

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?
Restraining order may be valid for up to 10 years. 646.9(k


Inside California Stalking Laws