California stalking law under Penal Code 646.9 defines repeated conduct, credible threats, required fear, examples, defenses, and prosecution standards. The article covers penalties, civil liability, immigration impact, firearm restrictions, expungement options, and related charges tied to stalking cases.
By Brad Nakase, Attorney
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Under California law, stalking is not a gray area. Penal Code § 646.9 makes it a crime to repeatedly follow or harass someone when the purpose is to scare them or make them fear for their safety. It doesn’t matter whether the conduct feels “persistent” or “misunderstood” to the person doing it—what matters is the fear it creates.
The statute is direct. Stalking laws in California consider actions that are intentional, persistent, and go beyond the bounds of intimidation to be stalking. There must be a credible threat. Something serious enough that an ordinary person would reasonably feel unsafe.
This is not a minor offense. It may be prosecuted as a felony or a misdemeanor depending on the circumstances. A conviction can lead to jail or prison time, fines, & long-term consequences.
The law stops calling it harassment at the point where unwanted attention becomes fear. It becomes a criminal act.
Examples
Defenses
In a stalking case, defense attorneys may raise a variety of legal defenses. Among them are demonstrating that:
Penalties
In California, stalking is a “wobbler.” That’s legal slang for a crime that can swing either way depending on how much the prosecutor wants to throw the book at you.
1. The Criminal Hit
Misdemeanors: You’re looking at up to a year in county jail or a period of probation.
Felonies: This is the heavy hitter. You face up to five years in state prison.
2. Beyond the Jail Cell
The judge isn’t the only one you have to worry about. A conviction starts a chain reaction of other headaches:
The Clean-Up: There is one exit ramp: Expungement. You can ask to have the conviction removed from your record if you successfully complete your jail sentence and complete each day of your probation without making a mistake.
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California doesn’t lock people up just for being “weird.” To nail you for stalking under Penal Code 646.9, the DA has to prove you weren’t just a nuisance—you were a predator.
Here is the reality of how they get a conviction:
A. The “Safe Zones”
You can exercise your rights.
The Reality Check: The Constitution protects your right to be a loudmouth at a protest. It does not protect your right to follow someone to their front door or threaten their kids. The moment it becomes about personal safety instead of public speech, the handcuffs come out.
B. Willfully, Maliciously, & Repeatedly
For the meaning of this code section, an act is committed knowingly if it is done voluntarily or intentionally.
When you purposefully commit a crime or act with the illegal intent to upset, irritate, or harm another person, you are doing so maliciously.
Repeatedly refers to more than once.
C. Harassment
Harassment is defined as intentionally and knowingly acting in a way that gravely irritates, scares, torments, or frightens.
Additionally, the behavior must have no justification.
A “course of conduct” is defined as two or more actions taken over a brief period of time with a consistent goal.
D. Credible Threat
A “credible threat” is defined by this statute as one that:
One could make a plausible threat verbally, in writing, or digitally.
Additionally, a pattern of behavior or a mix of behavior and comments may imply it.
E. Reasonable Fear
The court will determine whether you meant to put “the victim” in reasonable fear by examining the situation’s specifics & circumstances.
The “real threats” are those that are uttered with the intention of instilling fear.
The following are not real threats:
F. Immediate Family
This code part defines “immediate family” as:
A strong legal defense will help you avoid being accused of stalking. Reducing or dismissing a charge is possible with a strong defense.
There are three typical defenses for PC 646.9 accusations:
A. There Wasn’t a Real Danger
Remember that this code clause only holds you accountable if you make a “credible threat” to a claimed victim. Your defense is to demonstrate that the threat is neither believable nor serious. For instance, you might have made a lighthearted threat to someone.
B. There was no intention to instill fear
This is comparable to the previous defense. You might argue that you did not mean for someone to be terrified. This is despite the fact that you may have threatened them. For instance, you might have repeatedly threatened to tickle someone.
C. Your Behavior Was Protected by the Constitution
Remember that if you were participating in an officially recognized activity (like peacefully protesting), you are not guilty of stalking under this provision. It is always an excellent defense to demonstrate that you committed such an act.
You will be subject to two main penalties if you commit the crime of stalking.
A. Criminal penalties
Misdemeanor offense:
Felony offense:
Stalking will perpetually be prosecuted as a felony in particular situations.
B. Civil Penalties
The claimed stalking victim may file a civil lawsuit against you for stalking-related damages in addition to facing criminal sanctions.
In a civil legal case, a victim of stalking must demonstrate three elements in order to be awarded damages. These are:
The accused victim may be entitled to both if they are able to demonstrate these:
If you aren’t a U.S. citizen, a stalking conviction is a straight-up immigration nightmare.
The feds don’t just care about jail time; they care about whether your crime makes you “deportable” or “inadmissible.” If you hit either of those labels, you’re looking at losing your green card or getting kicked out of the country for good.
A. The “Danger” Zones
U.S. immigration law has a hit list of crimes that can trigger deportation.
B. The Felony Trap: “Aggravated Felony” label is a big risk. It’s a massive red flag if a judge decides your stalking case was serious enough to be a felony. Your chances of staying in the U.S. drop to almost zero once that happens.
C. The Harsh Reality: You could finish your sentence, pay every dime you owe the state of California, and still get picked up by ICE the moment you walk out of jail.
Getting a stalking conviction off your record is possible. You have to earn it. In California, this is called an expungement (under Penal Code 1203.4).
Think of it as a “legal reset.” Once a judge grants it, you are officially released from almost every penalty the conviction slapped on you. The massive upside? You need not disclose it to your employer.
An expungement for a conviction under felony/misdemeanor is possible.
This means that you can start attempting to have the felony erased once you completed your probation (in the event that it was enforced) or served a jail sentence (if appropriate).
If you get hit with a felony stalking conviction in California, you can kiss your gun rights goodbye.
The Stalking laws in California are extremely strict about who is allowed to own or even touch a firearm. There is a “blacklist” of people who are banned from possessing weapons, and if your stalking charge gets bumped up to a felony, you are on it.
A. The “No-Gun” List: California doesn’t just ban people for stalking; they ban a wide range of individuals to keep weapons out of “dangerous” hands:
B. The Stalking Trap: Your gun rights are essentially in the hands of the prosecutor because stalking is a “wobbler.”
A felony stalker is a high-risk individual. A conviction doesn’t just mean jail time—it means a permanent surrender of your Second Amendment rights.
Stalking cases don’t usually live in isolation. Other charges often follow once law enforcement starts looking closely. It’s because the same behavior can cross multiple legal lines at once.
Kidnapping is one of them. Stalking laws in California treat it very seriously for good reason. It isn’t about watching someone or making them uncomfortable. It’s about physical control. A person should not be forced or frightened into moving a significant distance. The law steps in. That physical movement is what separates kidnapping from stalking. Without it, the charge doesn’t stick.
Then there are harassing phone calls. Repeated calls. Obscene messages. Threats meant to unsettle or wear someone down. California makes that behavior a crime on its own. It can look a lot like stalking on the surface. The intent matters. Fear isn’t required. Once fear becomes the goal, the conduct starts drifting into stalking territory.
Criminal threats sit in a different space. This isn’t about patterns or persistence. It’s about the weight of the words themselves. One serious threat can be enough if it’s clear, specific, and believable. If the person on the receiving end reasonably fears for their safety—or their family’s safety—the law doesn’t need repetition. The damage is already done.
That’s why these charges often travel together. Stalking focuses on behavior over time. Criminal threats focus on the moment. Kidnapping focuses on physical control. Different angles, same reality. And once conduct crosses from uncomfortable into dangerous, the legal consequences escalate quickly.
Take action if someone believes/knows they are being stalked. The must:
Responding to a Stalking Accusation
California does not treat stalking lightly. Once a charge is filed, the system assumes risk, not misunderstanding. That’s why waiting things out or trying to “explain it later” is usually a mistake.
This is the point where you need a defense lawyer who actually handles stalking cases. You don’t need general advice or Google searches. These cases turn on details: intent, context, and credibility. Miss those early, and they harden against you.
A good defense attorney can step in before damage becomes permanent. That might mean pushing for a lesser charge, cutting off exaggerated allegations, or stopping a weak case from going any further. Sometimes it’s about limiting exposure. Sometimes it’s about ending the case entirely.
Either way, the risk is real. Jail time, restraining orders, job fallout—those consequences don’t wait. The only smart move is to get someone in your corner early, before the story gets written without you.
Stalking laws in California draw a clear line between unwanted behavior and criminal conduct. Penal Code § 646.9 is not concerned with social awkwardness, persistence, or misunderstandings—it is concerned with fear. Once conduct becomes intentional, repeated, and aimed at making someone reasonably fear for their safety, the law treats it as a serious offense. The consequences are real and lasting. Jail or prison time, civil liability, firearm restrictions, immigration consequences, & long-term damage to one’s record.
The Stalking laws in California are not limitless, though. Prosecutors have to demonstrate repeated intent and a real threat. The statute does not apply to protected speech or lawful activity. It does not apply to behavior that does not pose a real threat. That balance is intentional. It protects victims without criminalizing everyday behavior.
Stalking cases turn on context and credibility. Understanding where lawful conduct ends and criminal exposure begins is critical. When fear becomes the outcome, California law is designed to intervene decisively.
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