CALIFORNIA STALKING
Stalking Law l Definition
Cyber
Stalking | Celebrity Stalkers
Stalking
Behavior | Charges | Defense
Los Angeles Criminal Defense Attorney
California Criminal Lawyera
Stalking is a Crime
Stalking
charges are
serious and almost every state now has
a strict stalking law. Stalking
includes cyber stalking (online
stalking on the Internet), celebrity
stalkers, workplace stalking,
and any stalking behavior or
harassment, which puts the stalking
victim in fear for their safety.
Anti-stalking
laws began
in California
in
1990, as a direct result of the murder of
TV star Rebecca Schaffer and the repeated
stabbing of film actress Theresa Saldana
by an obsessed fan turned celebrity stalker
in 1982. Although most people associate
stalkers with celebrities,
celebrity stalking is only a small
part of total stalking statistics.
What
is Stalking?
The
definition of stalking is a series
of unwanted actions or conduct that puts
a person in fear for their safety.
Stalkers usually begin with
persistent and annoying behavior that is
not criminal, but progresses to stalking
behavior that can be punished under
Californiacriminal
stalking laws.
The
California Stalking Law
In
California, the stalking law is covered
under Section 646.9 of the Penal Code, which
states that any person who willfully
and maliciously, and repeatedly follows
or harasses another person and who makes
a credible threat with the intent to place
that person in reasonable fear for his or
her safety or that of an immediate family
member is guilty of stalking.
Stalking cases may include additional related
charges such as:
- Trespassing
- Vandalism
- Burglary
- Criminal
Threats
- Obscene,
Threatening, Annoying Phone Calls
Cyber
Stalking-
Stalking
on the Internet
Recently
there has been an emergence of a new kind
of stalking, commonly referred to as cyber
stalking, which simply means the use
of the Internet, e-mail, or other online,
electronic communication devices to stalk
another person. Cyber stalking takes
on many forms such as sending e-mail to
the victim, impersonating the victim in
chat rooms and e-mail messages, and spreading
untruths in a chat room. The Internet is
a very efficient and inexpensive way for
cyber stalkers to intimidate, terrorize,
and harm their victims while at the same
time remaining anonymous.
Los
Angeles
Cyber Stalkers
In
Los
AngelesCounty,
there have been numerous incidents of cyber
stalking and the incidents are increasing.
As a result, there are now specialized units
within law enforcement available to investigate
and prosecute these cyber stalking crimes.
Known as the Stalking and Threat Assessment
Team (or STAT), this team combines special
sections of the Los Angeles Police Department
and the District Attorneys office to ensure
properly trained investigators and prosecutors
are available when cyber stalking cases
arise.
Stalking
Crime Penalties
Stalking
can be charged either as a misdemeanor
or a felony. If the stalking charge
is a first-time offense, without aggravating
factors, the charge is likely to be considered
a misdemeanor, punishable by up to
one year in county jail. Second-time stalking
offenses with the same victim and some aggravating
factors would be considered a felony,
punishable by up to five years in state
prison.
The
degree and extent of stalking charges depend
upon the number of aggravating factors and
the defendants’ prior criminal record.
For example, if the defendant has one or
more prior stalking convictions or related
offenses involving the same victim, the
stalking charges will increase. Some
of the stalking aggravating factors are:
- Seriousness
of the harm to the victim which the stalker
caused or at least risked
- Possession
by defendant of deadly weapon by the stalker
- Whether
victim was a minor
Stalking
is a very serious crime, needing a serious
defense. Contact
Stephen G. Rodriguez & Associates today
for a free and private consultation if
you are being accused of stalking.
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
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