California Penal Code 646.9 – Stalking

Overview

Stalking under Penal Code 646.9 PC occurs when someone repeatedly follows, harasses, or threatens another person, causing them to fear for their safety or the safety of their loved ones. While often associated with domestic violence, stalking can occur in any context—between neighbors, co-workers, or strangers.

Stalking is a wobbler in California, meaning it can be charged as either a misdemeanor or a felony. Felony stalking carries the potential for years in prison and a strike on your record.

At Jones Trial Attorneys, we know that stalking charges often arise from miscommunications, breakups, or emotionally charged disputes. We work quickly to de-escalate the situation and protect your rights and reputation.

Legal Definition

Penal Code § 646.9 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 Crime

To convict someone under PC 646.9, the prosecution must prove:

1. You willfully, maliciously, and repeatedly followed or harassed someone;

2. You made a credible threat toward that person; and

3. You intended to cause them to reasonably fear for their safety or that of their family.

“Credible threat” can be verbal, written, or implied by conduct, and does not require the means to carry it out—just that the target reasonably feared harm.

Penalties for PC 646.9

As a Misdemeanor:

• Up to 1 year in county jail

• Fines up to $1,000

• Criminal protective order (restraining order)

• Counseling and probation

As a Felony (especially if you have prior DV or restraining order violations):

• 16 months, 2 years, or 3 years in state prison

• Up to $10,000 in fines

• A possible strike under the Three Strikes Law

• Mandatory registration as a serious offender

Defenses to Stalking Charges

We’ve successfully defended stalking cases using a range of legal arguments:

• Lack of intent – You did not mean to threaten or cause fear

• No credible threat – Your conduct was misinterpreted

• False accusation – The alleged victim fabricated or exaggerated the situation

• No pattern of behavior – A one-time incident does not amount to stalking

• Free speech – Protected speech (without threats) cannot be criminalized

Immigration and Employment Consequences

Because stalking is a crime involving moral turpitude and potential violence, a conviction may:

• Trigger deportation or denial of naturalization

• Result in denial or revocation of professional licenses

• Appear on background checks for years

Related Offenses

• PC 422 – Criminal Threats

• PC 273.6 – Violation of a Restraining Order

• PC 653m – Harassing Phone Calls or Messages

• PC 602 – Trespassing

How Jones Trial Attorneys Can Help

Stalking allegations can damage your life before you even step foot in court. We act fast to prevent protective orders, minimize charges, and—when possible—resolve these cases with diversion, dismissal, or reduced pleas.

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