646.9 PC Explained: California Stalking Law

California Penal Code section 646.9 defines the crime of stalking. It combines two things: following someone repeatedly or harassing them, and making a credible threat intended to place that person in reasonable fear for their safety or their immediate family's safety.

This page covers what section 646.9 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instruction, the penalties for basic stalking, stalking in violation of a court order, and stalking after prior convictions, and the orders a sentencing court can make. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 646.9 PC says

Section 646.9 sits in Title 15 of Part 1 of the Penal Code, "Miscellaneous Crimes." It has thirteen subdivisions, (a) through (m).

646.9(a): the crime of stalking

"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 their safety, or the safety of their immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison."

Broken into its parts, subdivision (a) requires:

• Willfully, maliciously, and repeatedly following another person, or willfully and maliciously harassing another person.
• A credible threat.
• An intent to place that person in reasonable fear for their own safety or their immediate family's safety.

646.9(b) and (c): court orders and prior convictions

Subdivision (b) applies when the stalking happens while "there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party."

Subdivision (c)(1) applies to a person who commits stalking "after having been convicted of a felony under Section 273.5, 273.6, or 422." Subdivision (c)(2) applies to a person who, after a felony conviction under subdivision (a), commits a violation of section 646.9.

The penalties for each are in the penalties section below.

646.9(e), (f), (g), (h), and (l): definitions

Harass. Subdivision (e):

"'harass' means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose."

Course of conduct. Subdivision (f) defines it as "two or more acts occurring over a period of time, however short, evidencing a continuity of purpose." It adds: "Constitutionally protected activity is not included within the meaning of 'course of conduct.'"

Credible threat. Subdivision (g):

"'credible threat' means a verbal or written threat, including a threat performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, including threats to a person's pet, service animal, emotional support animal, or horse, made with the intent to place the person that is the target of the threat in reasonable fear for their safety, or the safety of their family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for their safety or the safety of their family."

The same subdivision says "It is not necessary to prove that the defendant had the intent to actually carry out the threat," that "The present incarceration of a person making the threat shall not be a bar to prosecution under this section," and that constitutionally protected activity is not a credible threat.

Electronic communication device. Subdivision (h) says it includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers, and adopts the federal definition of "electronic communication" in 18 U.S.C. section 2510(12).

Immediate family. Subdivision (l):

"'immediate family' means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household."

646.9(i): labor picketing

"This section shall not apply to conduct that occurs during labor picketing."

646.9(d), (j), (k), and (m): orders at sentencing

• (d) Registration. "In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006."
• (j) Counseling. If probation is granted or a sentence is suspended, participation in court-designated counseling is a condition of probation, unless the court finds good cause not to impose it.
• (k) Restraining order. The sentencing court "shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court." The order can be issued whether the defendant is sentenced to state prison or county jail, or placed on probation.
• (m) Treatment. The court shall consider whether the defendant would benefit from treatment under section 2684 and, if appropriate, recommend that the Department of Corrections and Rehabilitation make a certification under that section.

What the prosecution has to prove

California's official jury instruction for stalking is CALCRIM No. 1301, "Stalking (Pen. Code, § 646.9(a), (e)-(h))," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant willfully and maliciously harassed, or willfully, maliciously, and repeatedly followed, another person.
2. The defendant made a credible threat with the intent to place the other person in reasonable fear for their safety, or for the safety of their immediate family.

The instruction defines the key terms:

"A credible threat is one that causes the target of the threat to reasonably fear for his or her safety [or for the safety of his or her immediate family] and one that the maker of the threat appears to be able to carry out."

"Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to disturb, annoy, or injure someone else."

It also includes optional paragraphs given when they fit the case. One says "A person makes a credible threat when the maker of the threat consciously disregards a substantial risk that the target of the threat would view the communication as threatening harm to the target [or to the target's immediate family] and it is reasonably foreseeable that the target would become aware of the threat." Others define "Repeatedly" as "more than once" and state that a person is not guilty of stalking if the conduct is constitutionally protected activity.

When a court order was in effect, the instruction has the jury decide separately whether the prosecution proved beyond a reasonable doubt that a restraining order, injunction, or other court order prohibiting the conduct was in effect at the time.

Penalties under 646.9 PC

Subdivision (a) allows either county jail or state prison, so basic stalking can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes, such as when the court grants probation and declares it a misdemeanor, or when the prosecutor files it as a misdemeanor and the defendant does not object.

Subdivision (a) does not state a length for the state prison option. The Penal Code's general rule for felonies is in section 18(a):

"Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170."

How a sentence is actually set in a given case, including any enhancement or prior-conviction rule found in other sections, is outside what this page covers.

Subdivision (c)(1) keeps a county jail alternative but raises the state prison range to two, three, or five years. Subdivisions (b) and (c)(2) provide state prison only.

Related sections

• Penal Code section 422 (criminal threats). A prior felony conviction under 422 triggers 646.9(c)(1). See our PC 422 explainer.
• Penal Code section 273.5 (corporal injury to a spouse, cohabitant, or dating partner). Also named in 646.9(c)(1). See our PC 273.5 explainer.
• Penal Code section 273.6. Also named in 646.9(c)(1). Official text.
• Penal Code section 290.006. Court-ordered registration for an offense not otherwise requiring it. Official text.
• Penal Code section 17. Felony and misdemeanor definitions and the either-way rules. Official text.
• Penal Code section 18. The general felony punishment rule quoted above. Official text.

For protective orders, see California restraining order laws. Other statute explainers are in our statutes library.

Recent changes

The official history note for section 646.9 reads: "Amended by Stats. 2025, Ch. 576, Sec. 1. (SB 221) Effective January 1, 2026." According to the Legislative Counsel's Digest for Senate Bill 221 (Chapter 576), the bill expanded the meaning of credible threat in subdivision (g) to include threats to a person's pet, service animal, emotional support animal, or horse. Sources describing 646.9 before January 1, 2026 will not include that language. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 646.9 PC

A "646.9" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a stalking charge, a different charge, or nothing, and, for basic stalking, whether to file it as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Penal Code section 646.9 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Whether conduct amounts to stalking depends heavily on the facts, so anyone facing a 646.9 charge should speak with a criminal defense lawyer licensed in California, and anyone in danger should contact local law enforcement.

Last updated: October 20, 2026.

Frequently Asked Questions

Is stalking a felony in California?

It can be. Section 646.9(a) allows county jail for up to one year, a fine of up to $1,000, or both, or state prison, so basic stalking can be handled as a misdemeanor or a felony. Stalking in violation of a court order under 646.9(b) and stalking after certain prior felony convictions under 646.9(c)(2) are punishable by state prison.

What is the sentence for 646.9 PC?

Subdivision (a) allows county jail up to one year, a fine up to $1,000, or both, or state prison, but does not state the prison term. Penal Code section 18(a) sets a general felony rule of 16 months, two, or three years in state prison, except where a different punishment is prescribed by law. Subdivision (b) sets two, three, or four years, and subdivision (c) sets ranges of up to five years for people with certain prior felony convictions.

What is a credible threat under California's stalking law?

Section 646.9(g) defines it as a verbal or written threat, including one made electronically, or a threat implied by a pattern of conduct or a combination of statements and conduct, made with the intent to place the target in reasonable fear for their safety or their family's safety and with the apparent ability to carry it out. It is not necessary to prove the defendant intended to actually carry out the threat.

What does harass mean under 646.9?

Section 646.9(e) says harass means engaging in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. Under 646.9(f), a course of conduct means two or more acts over a period of time, however short, evidencing a continuity of purpose.

What happens if someone stalks a person who has a restraining order?

Section 646.9(b) applies when a temporary restraining order, injunction, or other court order prohibiting the behavior is in effect against the same party. The punishment is state prison for two, three, or four years.

Can someone already in jail be charged with stalking?

Yes. Section 646.9(g) says the present incarceration of a person making the threat shall not be a bar to prosecution under the section.

Does a stalking conviction require sex offender registration?

Not automatically under section 646.9. Subdivision (d) says the sentencing court may order a person convicted of a felony under the section to register under section 290.006, which requires the court to find that the offense was committed as a result of sexual compulsion or for purposes of sexual gratification and to state its reasons on the record.