Cal Pen Code §
646.9.
Stalking. (2008)
(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 his or her safety, or the safety of his or her
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 not more than one thousand dollars ($1,000), or by both that fine
and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates
subdivision (a) when there is a temporary restraining order, injunction, or
any other court order in effect prohibiting the behavior described in
subdivision (a) against the same party, shall be punished by imprisonment in
the state prison for two, three, or four years.
(c) (1) Every person who, after
having been convicted of a felony under Section
273.5, 273.6, or 422, commits a
violation of subdivision (a) shall be punished by imprisonment in a county
jail for not more than one year, or by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in
the state prison for two, three, or five years.
(2) Every person who, after
having been convicted of a felony under
subdivision (a), commits a
violation of this section shall be punished by imprisonment in the state
prison for two, three, or five years.
(d) In addition to the penalties
provided in this section, the sentencing court may order a person convicted of
a felony under this section to register as a sex offender pursuant to Section
290.006.
(e) For the purposes of this
section, "harasses" means engages in a knowing and willful course of conduct
directed at a specific person that seriously alarms, annoys, torments, or
terrorizes the person, and that serves no legitimate purpose.
(f)
For
the purposes of this section, "course of conduct" means two or more acts
occurring over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within the
meaning of "course of conduct."
(g) For the purposes of this
section, "credible threat" means a verbal or written threat, including that
performed through the use of an electronic communication device, or a threat
implied by a pattern of conduct or a combination of verbal, written, or
electronically communicated statements and conduct, made with the intent to
place the person that is the target of the threat in reasonable fear for his
or her safety or the safety of his or her family, and made with the apparent
ability to carry out the threat so as to cause the person who is the target of
the threat to reasonably fear for his or her safety or the safety of his or
her family. It is not necessary to prove that the defendant had the intent to
actually carry out the threat. The present incarceration of a person making
the threat shall not be a bar to prosecution under this section.
Constitutionally protected activity is not included within the meaning of
"credible threat."
(h) For purposes of this section,
the term "electronic communication device" includes, but is not limited to,
telephones, cellular phones, computers, video recorders, fax machines, or
pagers. "Electronic communication" has the same meaning as the term defined in
Subsection 12 of Section 2510 of Title 18 of the United States Code.
(i)
This
section shall not apply to conduct that occurs during labor picketing.
(j)
If
probation is granted, or the execution or imposition of a sentence is
suspended, for any person convicted under this section, it shall be a
condition of probation that the person participate in counseling, as
designated by the court. However, the court, upon a showing of good cause, may
find that the counseling requirement shall not be imposed.
(k) (1) The sentencing court also
shall consider issuing an order restraining the
defendant from any contact with
the victim, that may be valid for up to 10 years, as determined by the court.
It is the intent of the Legislature that the length of any restraining order
be based upon the seriousness of the facts before the court, the probability
of future violations, and the safety of the victim and his or her immediate
family.
(2) This protective order may
be issued by the court whether the defendant is
sentenced to state prison,
county jail, or if imposition of sentence is suspended and the defendant is
placed on probation.
(l)
For
purposes of this section, "immediate family" means any spouse, parent, child,
any person related by consanguinity or affinity within the second degree, or
any other person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
(m)
The
court shall consider whether the defendant would benefit from treatment
pursuant to Section 2684. If it is determined to be appropriate, the court
shall recommend that the Department of Corrections and Rehabilitation make a
certification as provided in Section 2684. Upon the certification, the
defendant shall be evaluated and transferred to the appropriate hospital for
treatment pursuant to Section 2684.
Back to top
Related
Offenses
Cal Pen Code § 422. Punishment for threats. (1998)
Any person who
willfully threatens to commit a crime which will result in death or great
bodily injury to another person, with the specific intent that the statement,
made verbally, in writing, or by
means of an electronic communication device, is to be taken as a threat,
even if there is no intent of actually carrying it out, which, on its face and
under the circumstances in which it is made, is so unequivocal, unconditional,
immediate, and specific as to convey to the person threatened, a gravity of
purpose and an immediate prospect of execution of the threat,
and thereby causes that person reasonably to be in sustained fear for his or
her own safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by imprisonment
in the state prison.
For the purposes of this section, "immediate
family" means any spouse, whether by marriage or not, parent, child, any
person related by consanguinity or affinity within the second degree, or any
other person who regularly resides in the household, or who, within the prior
six months, regularly resided in the household.
"Electronic
communication device" includes, but is not limited to, telephones, cellular
telephones, computers, video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term defined in Subsection 12 of
Section 2510 of Title 18 of the United States Code.
Cal Pen Code § 647 Disorderly conduct; Restrictions on
probation. (2008)
Every person who commits any of
the following acts is guilty of disorderly conduct, a
misdemeanor:
(a)
Who
solicits anyone to engage in or who engages in lewd or dissolute conduct in
any public place or in any place open to the public or exposed to public
view.
(b)
Who
solicits or who agrees to engage in or who engages in any act of prostitution.
A person agrees to engage in an act of prostitution when, with specific intent
to so engage, he or she manifests an acceptance of an offer or solicitation to
so engage, regardless of whether the offer or solicitation was made by a
person who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a violation of
this subdivision unless some act, in addition to the agreement, is done within
this state in furtherance of the commission of an act of prostitution by the
person agreeing to engage in that act. As used in this subdivision,
"prostitution" includes any lewd act between persons for money or other
consideration.
(c)
Who
accosts other persons in any public place or in any place open to the public
for the purpose of begging or soliciting alms.
(d)
Who
loiters in or about any toilet open to the public for the purpose of engaging
in or soliciting any lewd or lascivious or any unlawful
act.
(e)
Who
lodges in any building, structure, vehicle, or place, whether public or
private, without the permission of the owner or person entitled to the
possession or in control of it.
(f)
Who
is found in any public place under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any intoxicating
liquor, drug, controlled substance, or toluene, in a condition that he or she
is unable to exercise care for his or her own safety or the safety of others,
or by reason of his or her being under the influence of intoxicating liquor,
any drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs or
prevents the free use of any street, sidewalk, or other public
way.
(g)
When
a person has violated subdivision (f), a peace officer, if he or she is
reasonably able to do so, shall place the person, or cause him or her to be
placed, in civil protective custody. The person shall be taken to a facility,
designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment and
evaluation of inebriates. A peace officer may place a person in civil
protective custody with that kind and degree of force which would be lawful
were he or she effecting an arrest for a misdemeanor without a warrant. No
person who has been placed in civil protective custody shall thereafter be
subject to any criminal prosecution or juvenile court proceeding based on the
facts giving rise to this placement. This subdivision shall not apply to the
following persons:
(1)
Any
person who is under the influence of any drug, or under the combined influence
of intoxicating liquor and any drug.
(2)
Any
person who a peace officer has probable cause to believe has committed any
felony, or who has committed any misdemeanor in addition to subdivision
(f).
(3)
Any
person who a peace officer in good faith believes will attempt escape or will
be unreasonably difficult for medical personnel to
control.
(h)
Who
loiters, prowls, or wanders upon the private property of another, at any time,
without visible or lawful business with the owner or occupant. As used in this
subdivision, "loiter" means to delay or linger without a lawful purpose for
being on the property and for the purpose of committing a crime as opportunity
may be discovered.
(i)
Who,
while loitering, prowling, or wandering upon the private property of another,
at any time, peeks in the door or window of any inhabited building or
structure, without visible or lawful business with the owner or
occupant.
(j)
(1)
Any
person who looks through a hole or opening, into, or otherwise views, by means
of any instrumentality, including, but not limited to, a periscope, telescope,
binoculars, camera, motion picture camera, or camcorder, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or tanning
booth, or the interior of any other area in which the occupant has a
reasonable expectation of privacy, with the intent to invade the privacy of a
person or persons inside. This subdivision shall not apply to those areas of a
private business used to count currency or other negotiable
instruments.
(2)
Any
person who uses a concealed camcorder, motion picture camera, or photographic
camera of any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person under or through the clothing
being worn by that other person, for the purpose of viewing the body of, or
the undergarments worn by, that other person, without the consent or knowledge
of that other person, with the intent to arouse, appeal to, or gratify the
lust, passions, or sexual desires of that person and invade the privacy of
that other person, under circumstances in which the other person has a
reasonable expectation of privacy.
(3)
(A)
Any
person who uses a concealed camcorder, motion picture camera, or photographic
camera of any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person who may be in a state of full
or partial undress, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or knowledge of
that other person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any other
area in which that other person has a reasonable expectation of privacy, with
the intent to invade the privacy of that other
person.
(B)
Neither of the following is a
defense to the crime specified in this paragraph:
(i)
The
defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or
business partner or associate of the victim, or an agent of any of
these.
(ii) The victim was not in a state of
full or partial undress.
(k) In any accusatory pleading
charging a violation of subdivision (b), if the defendant has been once
previously convicted of a violation of that subdivision, the previous
conviction shall be charged in the accusatory pleading. If the previous
conviction is found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45 days and
shall not be eligible for release upon completion of sentence, on probation,
on parole, on work furlough or work release, or on any other basis until he or
she has served a period of not less than 45 days in a county jail. In all
cases in which probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at least 45 days. In
no event does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in confinement in
a county jail.
In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous convictions
shall be charged in the accusatory pleading. If two or more of these previous
convictions are found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 90 days and
shall not be eligible for release upon completion of sentence, on probation,
on parole, on work furlough or work release, or on any other basis until he or
she has served a period of not less than 90 days in a county jail. In all
cases in which probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at least 90 days. In
no event does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 90 days in confinement in
a county jail.
In addition to any punishment prescribed by this
section, a court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section
13201.5 of the Vehicle Code for any violation of
subdivision (b) that was committed within 1,000 feet of a private residence
and with the use of a vehicle. In lieu of the suspension, the court may order
a person's privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of employment
or education. If driving a motor vehicle is necessary to perform the duties of
the person's employment, the court may also allow the person to drive in that
person's scope of employment.
Cal Pen Code § 653.2 Use of electronic communication to instill
fear or to harass; Misdemeanor.
(2008)
(a)
Every
person who, with intent to place another person in reasonable fear for his or
her safety, or the safety of the other person's immediate family, by means of
an electronic communication device, and without consent of the other person,
and for the purpose of imminently causing that other person unwanted physical
contact, injury, or harassment, by a third party, electronically distributes,
publishes, e-mails, hyperlinks, or makes available for downloading, personal
identifying information, including, but not limited to, a digital image of
another person, or an electronic message of a harassing nature about another
person, which would be likely to incite or produce that unlawful action, is
guilty of a misdemeanor punishable by up to one year in the county jail, by a
fine of not more than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b)
For
purposes of this section, the term "electronic communication device" includes,
but is not limited to, telephones, cell phones, computers, Internet Web pages
or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal
digital assistants (PDAs), video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term is defined in
Section 2510(12) of Title 18 of the United States Code.
(c)
For
purposes of this section, the following terms apply:
(1)
"Harassment"
means a knowing and willful course of conduct directed at a specific person
that a reasonable person would consider as seriously alarming, seriously
annoying, seriously tormenting, or seriously terrorizing the person and that
serves no legitimate purpose.
(2)
"Of
a harassing nature" means information that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or seriously
terrorizing the person and that serves no legitimate purpose.
Cal Pen Code § 653m. Obscene, threatening, harassing, or annoying telephone
calls. (2008)
(a)
Every
person who, with intent to annoy, telephones or makes contact by means of an
electronic communication device with another and addresses to or about the
other person any obscene language or addresses to the other person any threat
to inflict injury to the person or property of the person addressed or any
member of his or her family, is guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts made in good
faith.
(b)
Every
person who, with intent to annoy or harass, makes repeated telephone calls or
makes repeated contact by means of an electronic communication device, or
makes any combination of calls or contact, to another person is, whether or
not conversation ensues from making the telephone call or contact by means of
an electronic communication device, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts made in good
faith or during the ordinary course and scope of
business.
(c)
Any
offense committed by use of a telephone may be deemed to have been committed
when and where the telephone call or calls were made or received. Any offense
committed by use of an electronic communication device or medium, including
the Internet, may be deemed to have been committed when and where the
electronic communication or communications were originally sent or first
viewed by the recipient.
(d)
Subdivision
(a) or (b) is violated when the person acting with intent to annoy makes a
telephone call or contact by means of an electronic communication device
requesting a return call and performs the acts prohibited under subdivision
(a) or (b) upon receiving the return call.
(e)
Subdivision
(a) or (b) is violated when a person knowingly permits any telephone or
electronic communication under the person's control to be used for the
purposes prohibited by those subdivisions.
(f)
If
probation is granted, or the execution or imposition of sentence is suspended,
for any person convicted under this section, the court may order as a
condition of probation that the person participate in
counseling.
(g)
For
purposes of this section, the term "electronic communication device" includes,
but is not limited to, telephones, cellular phones, computers, video
recorders, facsimile machines, pagers, personal digital assistants,
smartphones, and any other device that transfers signs, signals, writing,
images, sounds, or data. "Electronic communication device" also includes, but
is not limited to, videophones, TTY/TDD devices, and all other devices used to
aid or assist communication to or from deaf or disabled persons. "Electronic
communication" has the same meaning as the term defined in Subsection 12 of
Section 2510 of Title 18 of the United States
Code.
Pen Code § 422. Punishment for threats. (1998)
Any person
who willfully threatens to commit a crime which will result in death or great
bodily injury to another person, with the specific intent that the statement,
made
verbally, in writing, or by means of an electronic communication device, is to
be taken as a threat,
even if there is no intent of actually carrying it out, which, on its face and
under the circumstances in which it is made, is so unequivocal, unconditional,
immediate, and specific as to convey to the person threatened, a gravity of
purpose and an immediate prospect of execution of the threat,
and thereby causes that person reasonably to be in sustained fear for his or
her own safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by imprisonment
in the state prison.
For the purposes of this section, "immediate
family" means any spouse, whether by marriage or not, parent, child, any
person related by consanguinity or affinity within the second degree, or any
other person who regularly resides in the household, or who, within the prior
six months, regularly resided in the household.
"Electronic
communication device" includes, but is not limited to, telephones, cellular
telephones, computers, video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term defined in Subsection 12 of
Section 2510 of Title 18 of the United States Code.
Back to top