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Determining Stalking: California Penal Code 646.9
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Criminal Defense Blog

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March 30, 2010

How to Determine whether One's Conduct Amounts to Stalking under California Penal Code 646.9

Under California Penal Code Section 646.9, “stalking” is defined as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of their safety or the safety of their family. California’s stalking law also applies to cyber-stalking, or threats and harassing behavior committed over the internet through email, chat, or other avenues of communication.

It is important to understand that it is not necessary for the prosecutor to prove any intent to act on the threats; the only intent required is the desire to cause fear in the victim. Simple stalking may be charged as either a felony or misdemeanor.

In order to ensure that your rights are accurately and aggressively defended, you should contact the experienced California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 40 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034. We will be there when you call.


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AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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