CLOSED FOR RENOVATIONS
4. California Law
California was the first state to pass an anti-stalking law in 1990 in response
to the stalking and murder of actress Rebecca Schaeffer. Now, all states have an
anti-stalking law.
In California, both criminal and civil laws address stalking. According to the
criminal laws, a stalker is someone who willfully, maliciously and repeatedly
follows or harasses another (victim) and who makes a credible threat with the
intent to place the victim or victim's immediate family in fear for their
safety. The victim does not have to prove that the stalker had the intent to
carry out the threat. (California Penal Code 646.9, www.leginfo.ca.gov)
The criminal penalty for stalking is imprisonment up to a year and/or a fine of
up to $1,000. There are more severe penalties when the stalker pursues the same
person in violation of a court restraining order, with a sentencing range of two
to four years imprisonment. Persons convicted of felony stalking also face
stricter penalties if they continue to stalk their victim(s). Courts may issue
restraining orders to prohibit stalking. (California Family Code 6320)
A victim, family member or witness may request that the California Department of
Corrections, county sheriff or the director of the local department of
corrections notify them by phone or mail 15 days before a convicted stalker is
released from jail or prison. The victim, family member or witness must keep
these departments notified of their most current mailing address and telephone
number. The information relating to persons who receive notice must be kept
confidential and not released to the convicted stalker. (California Penal Code
646.92) The court may order a person convicted of felony stalking to register
with local law enforcement officials within 14 days of moving to a city and/or
county. (California Penal Code 646.9)