Stalking is taken very seriously in California, and the state’s primary law addressing it is Penal Code § 646.9. This statute outlines what legally qualifies as stalking, the elements prosecutors must prove, potential penalties, and the rights of both victims and the accused.
Whether you are researching the law for personal protection, academic purposes, or because you or someone you know is facing accusations, this guide breaks down everything you need to know—clearly, thoroughly.
What Is Stalking Under California Penal Code 646.9?
Under PC 646.9, stalking occurs when someone:
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Willfully, maliciously, and repeatedly follows or harasses another person,
AND -
Makes a credible threat
WITH -
The intent to place the victim in reasonable fear for their safety or the safety of an immediate family member.
The law is aimed at protecting individuals from patterns of threatening, obsessive, or intrusive behavior that create genuine fear—even if the stalker never physically touches the victim.
Stalking can occur in person, through electronic communications, or a combination of both.
Key Elements the Prosecution Must Prove
To convict someone under this statute, prosecutors must establish several specific elements. If even one is missing, the charge may not stand.
1. Willful, Malicious, and Repeated Behavior
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Willful means intentional—not accidental or reckless.
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Malicious means done with wrongful intent, or done knowing it will disturb, threaten, or frighten the victim.
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Repeated means more than one action. A pattern is required.
2. Following or Harassing
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Following refers to physically tailing or monitoring a person.
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Harassing means engaging in a pattern of conduct that seriously alarms, annoys, torments, or terrorizes the victim and has no legitimate purpose.
A “course of conduct” requires two or more acts showing a continuity of purpose.
However, the law specifically excludes constitutionally protected behavior, such as peaceful protest, expressive activity, or lawful demonstrations.
3. A Credible Threat
A credible threat can be:
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Verbal
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Written
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Electronic (texts, social media messages, emails, etc.)
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Implied through actions
To count as credible, the threat must be believable enough that:
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A reasonable person could interpret it as real, and
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The victim genuinely experienced fear.
Importantly, a credible threat does not require the person to intend to carry it out—only that they intended to place the victim in fear.
4. Intent to Cause Fear
The accused must intend for their conduct and threats to cause fear. This differentiates stalking from misunderstandings or accidental contact.
5. Victim Experienced Reasonable Fear
The fear must be:
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Subjectively felt by the victim
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Objectively reasonable under the circumstances
Fear for immediate family also qualifies.
Does the Law Cover Cyberstalking?
Yes. California law explicitly covers stalking that occurs through:
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Social media
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Text messages
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Email
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Online posts
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Repeated digital harassment
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Monitoring or tracking via electronic devices
Any electronic communication device, including phones, computers, tablets, and online platforms, can be used to commit stalking.
This makes PC 646.9 one of the stronger anti-cyberstalking statutes in the United States.
Penalties for Violating Penal Code 646.9
Stalking in California is a “wobbler” offense, meaning it can be charged either as a misdemeanor or a felony, depending on the facts of the case.
Misdemeanor Penalties
A misdemeanor conviction may include up to one year in county jail, fines up to $1,000, probation, mandatory counseling, and restraining orders. Misdemeanor stalking is typically charged when there is no prior history of threats or violence.
Felony Penalties
A felony conviction can result in a state prison sentence of 16 months, 2 years, or 3 years, along with higher fines, formal probation, mandatory therapy, and long-term protective orders. In more severe circumstances, a felony stalking conviction may also require sex offender registration.
Enhanced Penalties for Aggravated Circumstances
If the defendant violated a restraining order while stalking, or if they have certain prior convictions such as domestic violence, criminal threats, or previous stalking offenses, the penalties can increase to 2, 3, 4, or even 5 years in prison.
Additional Consequences
A stalking conviction can also lead to loss of firearm rights, immigration consequences, employment restrictions, professional licensing issues, and potential civil lawsuits filed by the alleged victim.
Common Legal Defenses to Stalking Charges
A knowledgeable defense attorney may use several strategies to challenge a PC 646.9 charge. Common defenses include showing that there was no credible threat, no intent to cause fear, no repeated or continuous conduct, or that the actions were protected by the First Amendment. Other defenses may focus on false accusations, mistaken identity, insufficient evidence, or demonstrating that the alleged victim’s fear was not objectively reasonable.
Why Understanding PC 646.9 Matters
Stalking can escalate quickly and can cause deep emotional, psychological, and physical distress. California’s stalking law is designed to intervene before the situation becomes dangerous, offering victims strong protections and legal remedies. At the same time, the law provides important safeguards for the accused to ensure fairness, due process, and protection from exaggerated or false accusations.
Because stalking often intersects with digital communication, relationships, and personal conflict, understanding PC 646.9 is essential—whether you’re seeking protection or defending yourself against allegations.
Conclusion
California Penal Code § 646.9 addresses repeated, threatening, and fear-inducing behavior in both in-person and digital contexts. A stalking conviction carries serious consequences, including incarceration, probation, fines, restraining orders, and long-term personal and professional impacts. Whether you fear you’re being stalked or you’re facing allegations, understanding this law is critical to safeguarding your rights and your future.
Need Help? Contact Southwest Legal Today
If you or someone you know is involved in a stalking case, facing criminal accusations—Southwest Legal is ready to help. Our team offers knowledgeable guidance, clear explanations of your legal rights, strategic representation tailored to your situation, and compassionate, confidential support throughout the entire process. Don’t wait for the situation to escalate or for legal complications to grow more serious. Contact us today to discuss your case and protect your future.
