This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
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Stalking Intent In most states, the defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2011). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element.
You can ask for a Harassment Prevention Order (a "258E Order) from a judge if you're suffering from harassment because someone has committed 3 or more acts: That were willful and malicious. This means it was done on purpose and was done for cruelty, hostility or revenge. Were aimed at you.
(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and ...
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously 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 the safety of his or her immediate family is guilty of the crime of stalking, ...