Cyberstalking | Penal Code § 646.9

Description

Stalking charges may be filed against a person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat, including that performed through the use of an electronic communication device, Cyberstalking, with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. Also see Stalking Penal Code § 646.9, and other crimes such as Conspiracy | Penal Code § 182.

What does the prosecutor have to prove?

1. Defendant willfully, maliciously, and repeatedly followed or harassed Victim.
2. Defendant made a credible threat to Victim.
3. Defendant intended to place Victim in reasonable fear for his or her safety. or
3. Defendant intended to place Victim in reasonable fear for the safety of his or her immediate family.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	May
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No