Stalking

STALKING

Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Stalking 4th Degree

He or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:

(1) Is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or

(2) Causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or

(3) Is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.  Punishable by up to 90 days in jail;

Stalking 3rd Degree

Same as 4th degree when: 3 or more victims involved or victim has reasonable fear of physical harm or serious bodily injury. Punishable by up to one year in jail;

Stalking 2nd Degree

Same as 3rd degree when a weapon is involved in commission or 2nd conviction within 5 years or if victim is 14 or under and actor is 21 or older.  Punishable by up to four years in prison;

Stalking 1st Degree

Same as 3rd or 2nd degree with intentional or reckless physical harm to victim.  Punishable by up to seven years in prison.

Penalty for Repeat Offense

If within 10 years of prior conviction, stalking in 3rd degree. If within 5 years of prior conviction, 2nd degree stalking.

[Penal Code 240.26, .31; 120.45 to .60]


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An attorney can help protect your rights. If you seek to contest the stalking charges they can request a jury trial, challenge the evidence  against you and cross-examine the government's witnesses.  In addition, they can help you to decide if you want to testify and subpoena witnesses for your behalf.