California Penal Code 646.9 PC defines stalking as willfully and maliciously harassing, or repeatedly following, another person while making a credible threat intended to place that person in reasonable fear for their safety or their immediate family's safety. Stalking is a wobbler: a misdemeanor carries up to 1 year in county jail, a felony carries 16 months, 2, or 3 years in state prison,  and stalking while under a restraining order, or with prior convictions, is a straight felony carrying up to 5 years.

Stalking allegations often erupt from broken relationships, custody battles, and misread digital communications,  and prosecutors file them aggressively. If you are under investigation or have been charged with stalking anywhere in California, contact the criminal defense attorneys at The Bulldog Law for a free, confidential consultation.

What Must the Prosecutor Prove?

Under California jury instruction CALCRIM No. 1301, a stalking conviction requires proof beyond a reasonable doubt of three elements:

1. You willfully and maliciously harassed, or willfully, maliciously, and repeatedly followed, another person;

2. You made a credible threat,  verbally, in writing, electronically, or implied through a pattern of conduct; and

3. You made that threat with the intent to place the person in reasonable fear for their safety or the safety of their immediate family.

The statute defines its terms precisely, and each definition is a potential defense battleground:

"Harasses" means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes them and that serves no legitimate purpose.

"Course of conduct" requires two or more acts, over any period of time, showing a continuity of purpose. A single incident is not stalking.

"Credible threat" is one made with the apparent ability to carry it out, causing the target to reasonably fear for their safety. The prosecution does not have to prove you actually intended to carry the threat out,  and being in jail when the threat is made is no defense.

"Immediate family" includes a spouse, parents, children, siblings, grandparents and grandchildren, and anyone who regularly lived in the person's household within the prior six months.

Critically, constitutionally protected activity,  lawful protest, journalism, free speech,  cannot count toward the course of conduct.

Cyberstalking: Stalking by Phone, Text, and Social Media

PC 646.9 expressly covers threats delivered by any electronic communication device,  phones, texts, emails, DMs, social media posts, and more. No physical following is required: a campaign of threatening messages can satisfy every element of the crime. Cyberstalking cases raise their own defense issues, though. Screenshots can be fabricated or stripped of context, accounts can be spoofed or hacked, and tying a message to the person who actually typed it is often the weakest link in the prosecution's case.

It is also worth understanding where the legal line falls between unwanted communication and a criminal threat. The Bulldog Law blog's analysis of whether it is illegal to yell at someone explains how courts distinguish protected expression from conduct that crosses into criminal territory,  a distinction that is frequently blurred in cyberstalking cases.

Penalties for Stalking in California (2026)

Several consequences attach on top of custody time:

Ten-year protective order: The sentencing court can bar all contact with the victim for up to 10 years (PC 646.9(k)),  double the length of a civil harassment restraining order,  regardless of whether you receive prison, jail, or probation.

Mandatory counseling: If probation is granted, participation in counseling is required unless the court finds good cause to waive it.

Possible sex offender registration: For felony stalking, the court has discretion under PC 290.006 to order registration if it finds the offense was committed for sexual gratification. The Bulldog Law blog explains when sex offender registration is required in California,  and contesting this finding is a critical part of sentencing advocacy in stalking cases.

Firearms and record: A felony conviction means a lifetime firearms ban; even a misdemeanor conviction appears on background checks and damages employment, licensing, and custody positions.

For a comprehensive breakdown of how California's stalking law operates and how these cases are typically defended, The Bulldog Law's stalking defense attorney guide covers the statute's elements, sentencing considerations, and the most effective defense strategies.

Legal Defenses to Stalking Charges

No credible threat. This is the element that separates stalking from mere unwanted contact. Repeated calls, gifts, or attempts to reconcile,  however unwelcome,  are not stalking unless a credible threat placed the person in reasonable fear.

No intent to cause fear. Stalking is a specific-intent crime. Messages sent in frustration, attempts to co-parent or retrieve property, or clumsy efforts to reconnect after a breakup lack the intent to terrify.

No course of conduct. The law requires two or more acts with a continuity of purpose. A single confrontation, or scattered contacts with no unified purpose, does not qualify.

Constitutionally protected activity. Protests, news gathering, labor picketing, and other protected speech and assembly cannot form the basis of a stalking charge.

The fear was not reasonable. The alleged victim's fear must be objectively reasonable under the circumstances,  not merely subjective anxiety or dislike.

False accusation. Stalking allegations are common leverage in custody disputes, divorces, and bitter breakups, where ordinary contact is reframed as menacing. Complete message threads, call logs, location data, and witnesses frequently tell a different story than the curated excerpts in a police report.

Mistaken identity in digital cases. Prosecutors must prove who actually sent the messages. Shared devices, spoofed numbers, compromised accounts, and fake profiles all create reasonable doubt.

Many stalking cases grow out of domestic situations. The Bulldog Law's domestic violence defense practice handles cases where relationship conflict,  including past domestic violence charges,  is driving an aggressive prosecution.

Additional Consequences of a Conviction

Immigration: A stalking conviction is a specifically enumerated ground of deportability under federal immigration law,  one of the few offenses named outright. Non-citizens must obtain immigration-safe advice before resolving any PC 646.9 case. The Bulldog Law's page on deportation consequences of criminal convictions explains exactly how stalking convictions are treated under federal immigration law.

Civil liability: Victims can separately sue for the tort of stalking under Civil Code 1708.7 and recover compensatory and punitive damages.

Record relief: Felony stalking convictions may later be reduced to misdemeanors under PC 17(b) after successful probation, and expungement under PC 1203.4 is generally available for probation-based convictions.

Related California Offenses

• PC 422 – Criminal threats

• PC 273.6 – Violating a restraining or protective order

• PC 653m – Annoying or harassing phone calls and electronic messages

• PC 653.2 – Electronic cyber harassment (posting information to incite harassment)

• PC 528.5 – Online impersonation

• PC 647(j)(4) – Revenge porn (nonconsensual distribution of intimate images)

• PC 601 – Aggravated trespass

• PC 29825 – Possessing a firearm while subject to a protective order

Frequently Asked Questions

Is stalking a felony in California?

It can be. First-offense stalking is a wobbler that prosecutors may file as a misdemeanor or a felony. It becomes a straight felony with no misdemeanor option when committed while a restraining order was in effect (2, 3, or 4 years) or after a prior felony stalking conviction (2, 3, or 5 years).

Can I be charged with stalking for texts and social media messages?

Yes. PC 646.9 covers threats made through any electronic communication device, including texts, emails, DMs, and posts. A pattern of harassing digital contact combined with a credible threat satisfies the statute with no in-person following at all.

What counts as a "credible threat"?

A threat,  spoken, written, electronic, or implied by a pattern of conduct,  made with the apparent ability to carry it out, that places the target in reasonable fear for their safety or their immediate family's safety. The prosecution need not prove you actually intended to follow through.

Is repeatedly contacting my ex stalking?

Not by itself. Unwanted calls and messages may support other charges, such as PC 653m, but stalking requires a credible threat plus the intent to cause reasonable fear. Where no threat exists, a stalking charge overreaches,  though it is a line prosecutors frequently blur.

Does a stalking conviction require sex offender registration?

Not automatically. For felony stalking, the court has discretion under PC 290.006 to order registration if it finds the crime was committed for purposes of sexual gratification. Contesting that finding is a critical part of sentencing advocacy.

Can stalking charges be dropped or reduced?

Often, yes. Attacking the credible-threat element, presenting the full communication record, and exposing motive to fabricate frequently lead to reductions to lesser charges or dismissals. Felony convictions may also later be reduced under PC 17(b) and expunged under PC 1203.4.

Charged With Stalking? Contact The Bulldog Law Today

Few charges are as easy to allege and as damaging to carry as stalking. The evidence is usually a one-sided stack of screenshots, the context is stripped away, and the accusation alone can cost you your reputation, your custody rights, and your freedom. But the statute's elements are demanding, and the government's cases are often far weaker than they first appear.

The criminal defense team at The Bulldog Law defends clients across California against stalking, cyberstalking, criminal threats, and restraining order charges. We reconstruct the complete digital record, challenge the credible-threat and intent elements, and fight for dismissals, reductions, and acquittals.

Call The Bulldog Law now for a free, confidential case evaluation. Available 24/7.