How much time do you get for stalking?

How much time do you get for stalking?

Under Penal Code 646.9 PC, California law defines the crime of stalking as following, harassing, and threatening another person to the point that the person fears for his or her safety. Stalking can be charged as a misdemeanor or a felony. A conviction carries a penalty of up to 5 years in jail or prison.

Can a stalking charge be expunged?

A person convicted of stalking can seek to get the offense expunged. An “expungement,” per Penal Code 1203.4, releases an individual from virtually "all penalties and disabilities" arising out of the conviction.

Is it legal to follow someone?

Stalking can be defined as the willful and repeated following, watching or harassing of another person. They become illegal when they breach the legal definition of harassment (e.g., an action such as sending a text is not usually illegal, but is illegal when frequently repeated to an unwilling recipient).

Is driving by someone’s house illegal?

Going into anyone's home without his or her permission – unless, of course, you're doing something good, like putting out a fire – is a criminal act. Even driving by someone's home to see who's there could rise to harassment or criminal stalking if the behavior reasonably causes fear.

What does it mean to stalk a girl?

Stalking has been defined as a man following or contacting a woman, despite clear indication of disinterest by the woman, or monitoring her use of the Internet or electronic communication.

Is viewing someone’s Facebook page illegal?

The only illegal thing about that behavior is when you let it evolve into obsession and start stalking and harassing the person; if you don't go beyond checking their profile harmlessly (with no online harassment like messaging, etc), it's perfectly legal.

What is to stalk a person?

stalk. As a verb, stalk means to walk stiffly or angrily. If someone insults you, you might stalk from the room and refuse to listen to another word. When hunting, an animal stalks its prey — it follows its quarry stealthily until it's time to pounce. Similarly, if a person stalks you, they follow and watch you.

Is stalking illegal in the US?

Is Harassment considered a felony?

Harassment charges can range from misdemeanor to high level felony charges. In many states, people charged with harassment will receive a higher level charge if they have previously been convicted of harassment, of communicating a threat, or of a domestic violence offense.

What is a felony stalking charge?

Stalking in California is usually charged as a misdemeanor. However, under certain circumstances, PC 646.9 can be charged as a felony. A felony charge of stalking is punishable by imprisonment in county jail for 16 months, two or three years.

What is needed for a harassment charge?

Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. Not all petty annoyances constitute harassment. Instead, most state laws require that the behavior cause a credible threat to the person's safety or their family's safety.

What are stalkers Chernobyl?

In 2007 the stalker legend was updated for the digital age when a team of young Ukrainian designers released a post-apocalyptic first-person shooter video game they called S.T.A.L.K.E.R. (Scavengers, Trespassers, Adventurers, Loners, Killers, Explorers, Robbers), set in the Exclusion Zone around Chernobyl.

Is stalking a crime in all 50 states?

The federal government, all 50 states, the District of Columbia, and U.S. Territories have enacted criminal laws to address stalking.

What states have anti stalking laws?

In a number of states, including California, Colorado, Delaware, Maine, South Carolina, Texas, and West Virginia, anti-stalking legislation has prompted more serious sanctions for violations of protection orders.

What does menacing by stalking mean?

Menacing by stalking is where a person by means of a pattern of conduct knowingly causes another person to believe that the offender will cause physical harm (or threats as seen in menacing) to the other person or cause mental distress to the other person.

Which of the following must occur in a stalking case before the federal stalking statute would kick in?

Intent. In order to convict a person under the federal anti-stalking statute, a U.S. attorney must prove that a stalking defendant acted with the intent to cause death, injury, fear of injury or death, or substantial emotional distress to the victim.

What does it mean to stalk someone on social media?

Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. A stalker may be an online stranger or a person whom the target knows.

Is it legal to follow someone in California?

To be guilty of stalking of California Penal Code 646.9 PC, an individual must: Willfully, maliciously, and repeatedly follow or harass another person; Make a credible threat to that person's safety or the safety of their immediate family; and. Place the person in reasonable fear for their safety.

What is the sentence for aggravated stalking?

Simple stalking charges are usually classified as misdemeanor offenses but aggravated stalking is classified as a felony. The range of punishment can range from two to ten years in prison. Because the offense is a felony, aggravated stalking can be enhanced under repeat offender statutes.

How do you prosecute for harassment?

If you've been the victim of harassment you can take action in the civil courts against the person harassing you. You need to make your claim within six years of when the harassment happened. You can still take civil court action even if the person harassing you hasn't been found guilty of a criminal offence.

What is meant by stalking in Instagram?

Instagram stalking can be defined as. “The action of scrolling through someone's Instagram account and pictures but not liking any of them, simply just to see them.” Facebook stalking can be defined as. “To look at a person's Facebook profile in detail to learn more about them and what they are doing.

What is classed as harassment UK?

This advice applies to England Print. Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination. Unwanted behaviour could be: spoken or written words or abuse.

How do you define harassment?

Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination. Unwanted behaviour could be: spoken or written words or abuse.

Is 646.9 pc a misdemeanor?

A violation of PC 646.9 is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the offense is punishable by: misdemeanor (or summary) probation, up to one year in county jail, and/or.

What is aggravated stalking in Florida?

The crime of Aggravated Stalking is a Third Degree Felony. Under Florida Statute Florida Statute 784.048(3), the crime of Aggravated Stalking is committed when a person: Willfully, maliciously, and repeatedly; Follows, harasses, or cyberstalks another person; and.

What is the term used to describe a verbal or written threat implied by a pattern of conduct in a stalking case?

For example, Section 646.9 of the California Penal Code, Paragraph (g) determines the circumstances under which a person is liable for the tort of stalking: "Credible threat" is "a verbal or written threat including that performed by an electronic communication device, or a threat implied by a pattern of conduct or a

Which of the following can courts consider when determining if a victim’s fear was reasonable?

Courts consider the following when deciding whether the victim's fear was reasonable: (1) the respective ages of the perpetrator and the victim. (2) the physical sizes of the perpetrator and the victim. (3) the mental condition of the perpetrator and the victim.

What is the sentence for stalking in Scotland?

The UK Protection from Harassment Act 1997 provides a maximum penalty of five years' imprisonment and/or an unlimited fine for the offence of putting another in fear of violence.