When is Stalking Considered a Crime (PC 646.9)
Stalking is a crime in California under PC 646.9 when it involves threats or causes fear. Learn what qualifies and possible penalties.
Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking , punishable by imprisonment in a county jail for ...
646.9 PC
Under Penal Code 646.9 PC , stalking becomes a crime in California if you follow, harass, and threaten someone to the point that they fear for their safety.
( a ) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking , punishable by imprisonment in a county jail ...
California Penal Code 646.9 (2025)
646.9 . ( a ) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking , punishable by imprisonment in a county jail for not more than one year, or by a fine of ...
The legal provisions under Section 646.9 aim to protect the victim and ensure justice in cases involving threats to personal safety. By categorizing stalking as a misdemeanor or felony, depending on the circumstances, California emphasizes the weight of this crime and its potential repercussions.
California PC 646.9
Understand California Penal Code 646.9 PC . Learn what constitutes criminal stalking , cyberstalking, misdemeanor vs. felony penalties, and legal defenses.
PC 646.9 ( a ) ( Stalking ) Elements: (1) D willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person; and (2) D made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediately family PC 646.9 (b) ( Stalking + Protective Order) Elements:
CALCRIM No. 1301. Stalking (Pen. Code, 646.9 (a), (e)
Justia - California Criminal Jury Instructions (CALCRIM) (2026) 1301. Stalking (Pen. Code, § 646.9 ( a ), (e)- (h)) - Free Legal Information - Laws, Blogs, Legal Services and More
A clear guide to California stalking law, PC §646.9—covering definitions, penalties, defenses, and legal rights.