--- title: "PC 646.9 - Stalking" description: "PC 646.9 defines stalking in California and sharply increases penalties when a restraining order is already in place." url: "https://www.thehfirm.com/penal-codes/pc-646-9-stalking" site: "H Law Group" --- # PC 646.9 - Stalking PC 646.9 defines stalking in California and sharply increases penalties when a restraining order is already in place. Topics: Domestic Violence, Penal Code ## **California Penal Code 646.9: Stalking** PC 646.9 targets a pattern of conduct, not a single incident. Repeated unwanted contact, following someone, or a course of harassing behavior can support a stalking charge even without any single act that looks dramatic on its own. In domestic violence cases, this statute often comes into play after a relationship ends and one party continues showing up, calling, or messaging the other despite being told to stop. ## **What the Law Actually Says** Penal Code [646.9](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=646.9&lawCode=PEN) defines the base offense in subdivision (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 their safety, or the safety of their immediate family, is guilty of the crime of stalking." The statute also defines its key terms. "Harass" means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes them, and serves no legitimate purpose. "Course of conduct" means two or more acts over a period of time, however short, showing a continuity of purpose. A "credible threat" includes threats made verbally, in writing, electronically, or implied through a pattern of conduct, that cause the target to reasonably fear for their safety. ## **Elements Prosecutors Must Prove** - The defendant willfully and maliciously engaged in a repeated course of conduct, following or harassing the alleged victim - The defendant made a credible threat, which can include a pattern of conduct implying intent to harm - The defendant intended to place the alleged victim, or their immediate family, in reasonable fear for their safety - The alleged victim's fear was actually reasonable given the circumstances ## **Penalties: Base Offense and Enhancements** A first-time stalking conviction under subdivision (a) is a wobbler, punishable as a misdemeanor by up to one year in county jail and a fine of up to $1,000, or as a felony by imprisonment in state prison. The penalties increase sharply, however, when a restraining order is already in place. Under subdivision (b): - Stalking in violation of a temporary restraining order, injunction, or other court order already prohibiting the same conduct is punishable by two, three, or four years in state prison Repeat offenders face even steeper exposure under subdivision (c). A defendant with a prior felony conviction under PC 273.5, PC 273.6, or PC 422 faces up to one year in county jail and a fine of up to $1,000, or two, three, or five years in state prison. A defendant with a prior stalking conviction faces two, three, or five years in state prison. Courts frequently issue protective orders in stalking cases, which can remain in effect for up to 10 years. Information on obtaining or responding to a restraining order is available through the [California Courts Self-Help Center](https://selfhelp.courts.ca.gov/domestic-violence). ## **Common Defenses** - The conduct doesn't rise to the level of a "course of conduct," meaning it was an isolated contact rather than a repeated pattern - There was no credible threat, and the alleged victim's fear, if genuine, wasn't reasonable given the actual conduct - The contact served a legitimate purpose, such as co-parenting communication or resolving shared property or financial matters - The defendant lacked the required intent to place the alleged victim in fear - The allegations are exaggerated or fabricated, which sometimes surfaces in contentious separations or custody disputes ## **Related Offenses** Stalking allegations frequently overlap with other domestic violence charges: - [PC 422 - Criminal threats](/penal-codes/pc-422-criminal-threats), when the harassment included a specific, credible threat of violence - [PC 166 / 273.6 - Violating a protective order](/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order), when the stalking conduct violated an order already in place - [PC 273.5 - Corporal injury to a spouse or cohabitant](/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c), if the pattern of harassment escalated to physical violence ## **Frequently Asked Questions** ### Does one phone call or text message count as stalking? Generally no. The statute requires a "course of conduct," meaning two or more acts, along with a credible threat. A single contact, without more, typically doesn't meet the legal standard, though it may support other charges. ### Do I have to physically follow someone to be charged with stalking? No. The statute covers both following and harassing conduct. Repeated unwanted calls, messages, or showing up at someone's workplace can support a charge without any physical following. ### What happens if I'm accused of stalking while a restraining order is already active against me? The penalties increase significantly. A violation of subdivision (b), where a court order is already in effect prohibiting the same conduct, is punishable by two, three, or four years in state prison. ### Can text messages or social media activity be used as evidence? Yes. Electronic communications are frequently central to stalking prosecutions, and the statute specifically contemplates threats and harassment carried out electronically. ### How long can a stalking-related protective order last? Courts can issue protective orders in stalking cases for up to 10 years, separate from any underlying criminal sentence. ## Related California penal codes - [PC 422 - Criminal Threats](https://www.thehfirm.com/penal-codes/pc-422-criminal-threats) - [PC 273.6 - Violating a Protective or Restraining Order](https://www.thehfirm.com/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order) - [PC 273.5 - Corporal injury to spouse or cohabitant](https://www.thehfirm.com/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.