STALKING

In California, especially in Los Angeles, Law Enforcement and the District & City Attorneys’ offices take stalking charges very seriously due to their possible outcomes. Victims of stalking are also exposed to other related crimes such as assault, battery, domestic violence, terrorist threats, trespass, rape, and murder. The criminal defense attorneys at Stephen G. Rodriguez & Associates aggressively represent defendants charged with stalking. If you are being investigated or charged with stalking contact our offices immediately to discuss your legal options. Do not speak to a detective or someone from law enforcement until you have spoken to an experienced criminal defense attorney.

Stalking Law - California
California Penal Code section 646.9(a) sets forth the elements of stalking:

• A person who willfully, maliciously, and repeatedly
• Follows or harasses another person and
• Makes a credible threat verbally, in writing or by electronic communication device with the intent to place that person in reasonable fear for (his/her) safety or for the safety of their immediate family

“Credible threat” is one that places the target (or victim) of the threat in reasonable fear for his or her safety or that of his or her family. The threat must be made with the apparent ability to carry it out and the threat made must cause substantial emotional distress to the target/victim. This threat may be made orally, in writing, or electronically (using a telephone, cellular phone, pager, computer, internet, video recorder, or fax) or may be implied by a pattern of conduct or a combination of statements and conduct.

“Harass” means a knowing and willful course of conduct, serving no legitimate purpose, that is directed at a specific person and that seriously annoys, alarms, torments, or terrorizes the person. “Course of conduct” is a pattern of conduct made up of a series of acts (two or more acts) over time showing a continuity of purpose.

Federal Stalking
The federal anti-stalking law called “Interstate Stalking” was adopted in 1996 as part of the Violence Against Women Act (VAWA). VAWA makes it a felony to stalk or harass an individual from one state to another if the stalking and harassment causes fear of serious injury or death to the victim or the victim’s immediate family. It is also a federal felony to engage in stalking or harassment on military or U. S. territorial lands, which includes Indian reservations.

Federal stalking charges are rare in Los Angeles. Stalking is generally prosecuted under the state law rather than the federal law. The most recent and well known case that was prosecuted under the federal statute in Los Angeles involved ESPN reporter Erin Andrews and her alleged stalker Michael David Barrett. Barrett was charged under the federal stalking laws for allegedly videotaping Andrews through various hotel door peepholes across the country. He was apprehended after he tried to sell the videos to TMZ.com. The charges carry a maximum penalty of five years in federal prison and a fine of $250,000.

Cyberstalking
Cyberstalking (cyber stalking) or Internet stalking is stalking someone by using the Internet or any other electronic means. Cyberstalking is basically an electronic extension of stalking a victim in person. A cyberstalker uses various modes of electronic communication (e.g., Internet, email, instant messaging) to track, harass, annoy, locate or contact a person. Victims can be targeted through a wide variety of technologies, including, online forums, discussion boards, chat rooms, instant messengers, blogs, spyware, spam and malware.

Stalkers prefer cyberstalking rather than the traditional form of stalking because the Internet puts physical distance and anonymity between the victim and the stalker. Cyber stalking takes a variety of forms, including sending victims threatening and/or obscene email; posting false information on websites, message boards or chat rooms with the intention of starting malicious rumors or to inciting others to commit crimes; and ordering goods / services in the victim’s name (e.g., sending a prostitute over to the victim’s house).

Law enforcement and prosecutorial agencies in California are slowing beginning to prosecute cyberstalkers under the regular stalking laws. Law enforcement realizes that the average cyberstalker is younger, more intelligent and better educated than other criminals. Cyberstalkers tend to be resourceful, computer savvy and knowledgeable about cyber-anonymity. Law enforcement is adjusting, however, and quickly discovering and utilizing various ways to track harassing electronic messages and actions back to a cyberstalker. With the right equipment, it is not difficult to track exactly where a harassing email came from. Cookies, Internet services and email networks are another way to track the websites visited, goods / services purchased and messages posted by a suspected cyberstalker.

Stalking Penalties
First-time convicted stalkers, with no prior criminal history or aggravating factors are likely to be charged with a misdemeanor punishable by up to one year in county jail. First-time offenders could also be charged with a felony depending on the seriousness of the case, punishable by up to three years in state prison. Aggravating factors and prior criminal history are important considerations when classifying a stalking charge as either a misdemeanor or felony. For repeated stalking offenders, with a prior felony stalking conviction, the penalty could result in two to five years in state prison. Violation of a restraining or protective order that was in effect at the time you were charged with stalking may result in a harsher sentence of up to four years in prison. Stalking offenders with a prior felony conviction for Domestic Violence (Penal Code Section 273.5) or Criminal Threats (Penal Code Section 422) could be facing a sentence one year in county jail or 2, 3 or 5 years in state prison. In addition to jail time, the sentencing court could also impose a restraining order valid for up to 10 years along with sex registration.

Famous Stalking Victims
Although stalking behavior has probably been around forever, it is a fairly new crime. In 1980, the world became aware of stalking behavior when Mark David Chapman murdered John Lennon. Lennon’s murder was followed by John Hinckley Jr.’s 1981 assassination attempt on President Reagan – he thought he could get actress Jodie Foster’s attention by killing the president. It was not until 1990, however, in response to the murder of actress Rebecca Schaeffer – killed by a stalker – that California enacted the first U.S. anti-stalking law. Since then, every state in the U.S. has enacted anti-stalking laws. While the most well-known stalking incidents involve celebrities, the majority of victims are ordinary citizens.

Stalking Related Crimes
There are other crimes that may be charged when the defendant’s actions do not fit the statutory definition of stalking, but still threaten a victim’s privacy and safety. These include:

• Criminal Threats – California Penal Code section 422 makes it a crime to make criminal threats (formerly known as “terrorist threats”). A criminal threat in California is a willful and intentional threat to kill or unlawfully cause great bodily injury to another person. This threat, even if there is no intent of actually carrying it out, causes the threatened person, or his or her immediate family to be in fear for their safety. This crime may be charged as a misdemeanor or felony. As a misdemeanor the maximum punishment is one year in county jail. Felony criminal threats are punishable by 16 months, 2 years or 3 years in state prison. A felony conviction is a strike under the Three Strikes Law in California. See Three Strikes Law.

• Obscene, Threatening, Harassing, or Annoying Phone Calls - According to California Penal Code section 653m(a): Every person who, with an intention to annoy, telephones or makes contact with the victim by means of an electronic communication device and uses obscene or threatening language is guilty of a misdemeanor.

• Repeated Telephone Calls - According to California Penal Code Section 653(b): Every person who, with an intention to annoy or harass, makes repeated telephone calls or makes repeated contact by an electronic communication device, or makes any combination of calls or contact with the victim is, whether or not conversation ensues from making the telephone call or electronic contact is guilty of a misdemeanor.

If You Are Being Stalked…
If you are the victim of a stalker, contact your local law enforcement agency and file a police report. It is likely that criminal charges would be filed if there is enough evidence. Alternatively, you may wish to file a Restraining Order against your stalker to prevent further stalking. Our attorneys can help you with a restraining order should you decide to go that route.

Los Angeles Stalking Defense Attorneys
If you are being investigated or have been charged with stalking in California, please call the criminal defense attorneys at Stephen G. Rodriguez & Associates to discuss your legal options. Your chances of prevailing against a stalking charge are greatly increased by aggressive and experienced Los Angeles criminal defense attorneys who can mount a strong defense to the charges.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173