Stalking PC 646.9 (Penal Code 646.9)
Code Section: Penal Code 646.9
Related CALCRIM Jury Instruction: 1301
PC 646.9 Brief Summary:
Penal Code 646.9 punishes the crime of stalking. Stalking involves more than just following someone. Stalking occurs when a person either harasses and threatens someone else, or when a person threatens and repeatedly follows someone else. Penal Code 646.9 provides for greater punishment when stalking occurs in violation of a protective order or after being convicted of certain felonies. Penal Code 646.9 is commonly charged in connection with domestic violence cases.
PC 646.9 Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;
- The defendant made a credible threat with the intent to place the other person in reasonable fear for either their safety or for the safety of that person’s immediate family.
PC 646.9 Punishment:
Penal Code 646.9 is punishable as either a felony or a misdemeanor. As a felony, Penal Code 646.9 is punishable by 16 months, two years, or three years in prison. As a misdemeanor, Penal Code 646.9 is up to one year in county jail. Probation can be granted for this offense if the defendant is not sentenced to prison. Other fines, fees, and possible probation terms could be applied. The maximum exposure for Penal Code 646.9 increases if the stalking occurs in violation of a protective order or other court order, or if the stalking occurs after a felony conviction for Penal Code 273.5, 273.6, or 422.
PC 646.9 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In general, there are no other lesser included offenses for Penal Code 646.9.
PC 646.9 Related Charges:
Charged with domestic violence?