What are the factors elements of 646.9 PC Stalking?
Under 646.9 PC, Stalking, in its simplest form, is repeatedly
- Harassing and/or
- Another person to the point where that individual fears for his/her safety or the safety of his/her family.
The penalties for the crime of stalking in California are strikingly harsh. The crime is usually a wobblers, which means that a prosecutor has discretion to try it as either a misdemeanor or a more serious felony. And, when certain special circumstances (like a prior stalking conviction) apply, it must be charged as a felony.
Maximum penalties for a California felony stalking conviction can include up to five (5) years in state prison, and, in some cases, even a requirement that you register as a sex offender.