California Stalking Laws in 2026: What You Really Need to Know
Most people don’t realize how serious California takes stalking. Honestly, the penalties are way stricter than a lot of folks expect. But here’s the good news: understanding the law is actually pretty straightforward once you break it down.
This article covers exactly what counts as stalking in California. We’ll talk about the penalties, special circumstances, and what to do if you’re being stalked. Stick with me here, and you’ll know more than most people about this topic.
What Is Stalking in California?
Stalking sounds like one thing, but California’s law is actually pretty specific. Think of it like this: it’s not just about following someone around. It’s about repeated behavior that makes someone feel scared or harassed.
California Penal Code Section 646.9 defines stalking as willfully and repeatedly following or harassing someone. The key word here is “repeatedly.” One or two things? Usually not stalking. A pattern of behavior that’s designed to scare or control someone? That’s when the law steps in.
Pretty straightforward so far, right? Let’s dig deeper into what actually counts.
What Counts as Stalking?
Here’s where it gets interesting. California law doesn’t just cover following someone in person. It covers a lot more ground than people think.
Repeated phone calls, texts, or emails definitely count. So do social media messages. If you’re contacting someone over and over after they’ve told you to stop, that’s stalking. It doesn’t matter if you think you’re being romantic or nice about it. If they’ve asked you to leave them alone, and you keep reaching out, you’re breaking the law.
In-person contact also counts. Showing up at someone’s house, work, or school repeatedly is stalking. Following someone around is stalking. Even showing up at places you know they’ll be, just to “bump into them,” can be stalking if there’s a pattern.
Here’s what catches people off guard: you don’t have to make a direct threat for it to be stalking. California law says the stalking has to cause someone to reasonably fear for their safety or their family’s safety. That’s it. The person being stalked has to feel genuinely scared or threatened.
Surveillance also counts. Taking photos of someone without permission. Monitoring their location. Hiding cameras or tracking devices. All of this is stalking.
What about online behavior? You’re not alone if you’re confused about this one. Yes, online stalking is absolutely illegal in California. Repeatedly showing up in someone’s social media comments. Sending unwanted messages. Creating fake accounts to contact someone. These are all forms of stalking.
The Penalties Are Serious
Okay, pause here. This part is really important.
Stalking in California is charged as a misdemeanor by default. That means you could face up to one year in county jail. You could also get fined up to $1,000. Or both jail time and a fine. Pretty serious for something some people don’t even think is illegal.
But here’s where it gets worse. If you violate a restraining order while stalking, the charge jumps to a felony. That means up to five years in state prison. The stakes are totally different at that point.
And wait, it gets even more serious. If you’re stalking someone because of their race, gender, religion, disability, or sexual orientation, that’s charged as a hate crime. The penalties can be way harsher. You’re looking at potential enhancement to your sentence.
If the person being stalked is under 18, or if they’re a former intimate partner and you’re using a weapon or have prior violence convictions, the penalties increase too. There are a lot of ways this can get worse quickly.
Let me be real: a stalking conviction can follow you for life. It affects job prospects, housing, education. Employers can see it. It shows up on background checks. This isn’t something to take lightly.
Restraining Orders: The First Defense
Not sure what to do if someone’s stalking you? Wondering if you have legal options? You do.
California allows victims to get restraining orders (also called protective orders) against stalkers. These are civil court orders that tell someone to stay away from you. If they violate the order, they can face criminal charges on top of whatever else is happening.
Getting a restraining order is actually pretty accessible. You can start the process without a lawyer. The court can issue a temporary order right away, sometimes the same day you ask for it. Then there’s a hearing where both sides can present evidence.
If the judge believes the stalking is happening, they can issue a restraining order for up to five years. The stalker has to stay a certain distance away. They can’t contact you. They can’t show up at your workplace or school.
Violating a restraining order is its own crime. That alone can get someone arrested and charged separately from the stalking charges.
Cyberstalking in California
Here’s where it gets more interesting for the internet age we live in.
California specifically addressed cyberstalking in its laws. This includes any form of online behavior that causes someone to reasonably fear for their safety. Social media is a prime example. So are email, text messages, and direct messaging apps.
Impersonation is a big one. Creating a fake account pretending to be someone else to contact or harass another person? That’s cyberstalking. The penalties are the same as regular stalking: up to one year in jail and a $1,000 fine for a misdemeanor.
Threatening messages online count. So do messages that reveal personal information designed to embarrass or scare someone. Even sharing someone’s private information without permission, sometimes called “doxxing,” can fall under these laws.
The tricky part is intent. California requires that you either intend to cause fear or know that your actions are likely to cause fear. If you genuinely had no idea your behavior was scary or threatening, that could matter. But honestly, most people do know when they’re crossing a line online.
Special Circumstances That Make It Worse
Sound complicated? Actually, there are a few situations where stalking gets treated even more seriously.
If you’re using technology to stalk someone, that’s one. GPS trackers, spyware on their phone, hidden cameras. These show intentional, deliberate behavior. Courts take this seriously because it shows planning and purpose.
If you own a firearm or weapon while stalking someone, that’s another aggravating factor. The law sees this as showing intent to harm. It bumps up potential penalties significantly.
Stalking a current or former intimate partner has its own special laws. California Penal Code Section 646.9 includes specific protections for people in or leaving dating relationships. This includes spouses, girlfriends, boyfriends, and people in domestic partnerships.
If you have prior convictions for stalking, violence, or harassment, the penalties jump up. Judges don’t look kindly on repeat offenders. Neither do prosecutors.
What Happens If You’re Accused?
Worried you might be accused of stalking? Let me be straight with you. Take it seriously.
First, stop all contact with the person immediately. I mean everything. No calls, texts, emails, social media, showing up in person, nothing. Even one more contact after you realize they’re uncomfortable can make things worse legally.
Second, if you’ve been served with a restraining order or arrested, get a lawyer. Don’t try to handle this alone. A criminal defense attorney who knows California stalking law can help you understand your options. They can challenge evidence, negotiate with prosecutors, or represent you in court.
Don’t contact the person being stalked, even through someone else. Trying to have a friend relay a message? That’s still contact. That’s still stalking. That counts as a violation.
If law enforcement contacts you about stalking allegations, you have the right to remain silent. Use that right. Talk to a lawyer before answering questions.
If You’re Being Stalked
Now, let’s flip this around. If someone’s stalking you, you have options.
Document everything. Keep records of messages, calls, and encounters. Take screenshots. Write down dates and times. Save everything. This evidence is crucial if you go to court.
Block the person on all platforms. Don’t engage with messages. Don’t respond to provocations. The more contact you have, the harder it is to prove you’re a victim. Going no contact is your best move.
Tell people what’s happening. Tell your family, friends, and employer. You might need witnesses. You also need a support system.
Report it to police. Get a police report number. This creates an official record. Even if they don’t make an arrest right away, the report matters for future protective orders.
Contact a local victim advocacy organization. California has resources for stalking victims. They can help you navigate the legal system and support you through the process. Many services are free.
Get a restraining order. We talked about this earlier. This is your legal tool to protect yourself. The court can order the stalker to stay away.
Frequently Asked Questions
Does texting someone one time count as stalking? No. Stalking requires repeated behavior. One message, even if unwanted, usually isn’t stalking by itself. The pattern matters.
What if someone says I’m stalking them, but I didn’t mean harm? Intent matters less than effect in California stalking law. If your repeated actions cause someone to reasonably fear for their safety, you could still be guilty. The person’s perception is important.
Can I be convicted of stalking if no threat was made? Absolutely. California law doesn’t require direct threats. It only requires that someone reasonably feared for their safety because of your behavior. Making someone feel scared counts.
Does blocking someone count as harassment or retaliation? No. Blocking someone is protecting yourself. It’s not stalking. You’re not required to accept contact from people, and refusing to engage is actually the smart move.
What if the stalking happens in another state, but California is involved? California can prosecute stalking that happens partially in California or that targets someone in California. You don’t have to physically be in California when the stalking occurs.
Can I change my phone number and move to stop a stalker? Legally, you shouldn’t have to. Stalking laws exist to protect your freedom to live your life without fear. Yes, you can change your number or move. But the legal system also can step in through restraining orders and criminal prosecution.
Final Thoughts
Here’s what you need to remember. California takes stalking seriously. Really seriously. The penalties are real, the convictions follow you, and the laws are broad enough to cover online behavior, in-person following, harassment, and a lot more.
If you’re worried about your behavior toward someone, it’s time to stop. Respect their boundaries. Move on. If you keep reaching out after someone’s told you no, you’re breaking the law. It’s that simple.
If you’re being stalked, you’re not powerless. Get help. Document what’s happening. Report it. Get a restraining order. There are people and systems designed to protect you.
And remember, when in doubt, talk to a lawyer. They can give you personalized advice for your specific situation. Now you know the basics. Stay informed, stay safe, and protect yourself.