{"id":371847,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-stalking-laws.html"},"modified":"2026-07-20T11:01:43","modified_gmt":"2026-07-20T16:01:43","slug":"california-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-stalking-laws.html","title":{"rendered":"California Stalking Laws"},"content":{"rendered":"\n
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California Stalking Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California<\/span> stalking laws<\/span> cover the crime of malicious or willful harassment<\/span> that creates a credible threat<\/span> of harm against a victim. This offense requires a repeated course of conduct<\/span> intended to instill fear for the safety of the individual and their family. The law also covers the electronic threats known as cyberstalking<\/span> and doxing. Typically, stalking is a misdemeanor<\/span> unless it is in violation of a restraining order<\/span>, which elevates it to a felony.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In California<\/span>, stalking is the crime of harassing<\/span> another individual that creates a credible threat<\/span> of harm against the victim or their immediate family<\/span>. Stalking may include phone calls, physically following the victim, and cyberstalking<\/span>.<\/p>\n

Stalking<\/a> is not a one-time event. It is a pattern of intentional, malicious, and willful behavior aimed at instilling fear in the victim. The crime of stalking<\/span> is similar to simple harassment<\/span>, but goes beyond by raising a credible threat<\/span> to the victim\u2019s safety.<\/p>\n

In California<\/span>, stalking can be a felony or misdemeanor<\/span> offense. Felony stalking<\/span> occurs when the offender violates a restraining order<\/span> or has a previous stalking conviction<\/span> on their record. California\u2019s<\/span> stalking laws<\/span> have changed recently to include threats to a victim\u2019s pets. If you\u2019re facing stalking charges<\/span> in California<\/span>, it\u2019s a good idea to meet with a criminal defense attorney<\/span><\/a> sooner rather than later.<\/p>\n

California<\/span> Stalking Laws<\/span><\/h2>\n

California<\/span> Penal Code<\/span> section<\/span> 646.9<\/a> defines the elements of the <\/span>crime<\/span> of stalking<\/span>. To establish the offense of stalking, a prosecutor must show the defendant placed the victim in reasonable fear<\/span> of their safety by following, harassing<\/span>, or making a credible threat<\/span> against them or their immediate <\/span>family<\/span> members<\/span>.<\/p>\n

Prosecuting stalking is less straightforward than it might appear. A single incident, no matter how threatening, may not be enough to qualify. Let\u2019s take a closer look at some of the elements of the crime<\/span>.<\/p>\n

Following or Harassing<\/span><\/h3>\n

Harassment<\/span> is a course of conduct<\/span> that \u201cannoys, alarms, or terrorizes,\u201d and objectively serves no legitimate purpose<\/span>. A \u201ccourse of conduct<\/span>\u201d means two or more acts. The prosecutor must prove the defendant had a purposeful intent in their actions. A single action may be threatening or unpleasant, but it is not \u201charassment<\/span>\u201d under the law.<\/p>\n

Credible Threats<\/span><\/h3>\n

A credible threat<\/span> is one that the defendant could reasonably carry out under the circumstances and intends to place the victim in fear for their safety. The threat could also involve their immediate family<\/span> or their pets.<\/p>\n

Threats may be any combination of:<\/p>\n