Definition of Harassment Stalking Law in California

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    History

    • California passed its anti-harassment law after Robert John Bardo shot and killed actress Rebecca Schaeffer on July 18, 1989. Bardo was dressed as a flower delivery man when he entered her apartment building in Los Angeles, California, and shot her once in the heart. He began stalking her three years earlier. According to Internet Movie Database, her death "shed light on the horrors that celebrities face with deranged fans turned stalkers." Bardo was able to find personal information on Schaeffer from the Division of Motor Vehicle records.

    Definition

    • California Penal Code 646.9 defines a stalker as "someone who willfully, maliciously and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety." The victim does not need to prove that the stalker intends to carry out the threat.

    Notification Request

    • California law allows a victim, any family member or witness to a stalking crime to ask law enforcement officials to notify them by phone or mail 15 days prior to the release of a convicted stalker from prison or jail. Interested parties who wish to be notified of the release of the stalker must provide the local police agency with their current mailing address and phone number.

    Suppress Records

    • Victims may also request the suppression of automobile registration and driver's license records so that only court, government, law enforcement officials and insurance companies have access.

    Punishment

    • The penalty for stalking is imprisonment for up to a year and/or a fine of up to $1,000. If the stalker pursues the same person in violation of a court restraining order, the sentence can be increased from two to four years of imprisonment. Additional penalties can be assessed if the stalker continues stalking his victim despite restraining orders prohibiting the stalking.

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