A person will be guilty of stalking if he/she engage in flowing, alarm, or harass his/her partner. In this case, they were intimidating victims in such a way that the victim is reluctant to tell his / her family pain. Whenever this case, the most common objective of stalking is former spouses, even if the victim stalked by an acquaintance. According to the California stalking law, stalking is dividing into three main components like repeatedly, willfully, and maliciously harassing another person. A criminal is convicted under civil code section 1708.7 of California. The following characters are founding, a person will be guilty of stalking:
- If the accused is engaged in the types of conduct
- If the accused have harassed the plaintiff, intend to follow, and alarm.
- In case the accused is responsible for intimidating the victim.
- In case the plaintiff or their close family felts reasonable fears.
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Partner of conduct element
The many States to charge an offender a defendant of stalking. In this case, a small number of elements must be proven to further a reasonable doubt, such as the criminal intent to cause fear in the victim, a course of conduct or behavior, and the presence of threats. According to civil code section 1708.7(a) (1), when someone engages to pattern conduct for harass the plaintiff, alarm, or the intent of which was following. To prove this allegation, the plaintiff must file a complaint with independent evidence. The credible sovereign threat with his assertion will help the plaintiff to establish the pattern of conduct.
Punishment and Penalties of a stalking conviction
According to the law of California, stalking is considered to be charged as either a felony or a misdemeanor. The cruelty of the charge varies, relying on the offender’s personal criminal history. An offender’s person of stalking may also be required to register as a sex offender. Under California law, this type of crime can result in up to one year in prison and a fine of up $1000. Even if your sentence is somehow suspended, you are given a suitable place for your counseling. On the other hand, the offender is convicted of child or wife abuse and can be jailed for two to five years because it violates every protection of the state security order. Constitutionally protected activity is not appurtenant within the illegal conduct under the stalking statute.
Elements of accused intended to follow, alarm, or harass
In the crime of stalking, harass means that if a person has a willful course of conduct directed to a particular person. Such as torments a person, terrifies a person, threatens danger, and which serves no legitimate are purpose. On the other hand, when a person threatens the victim in writing or verbally, it is called a credit threat. That can be done through various electronic devices or social media. This threat puts a person in emotional pain or stress, which makes the person mentally upset. Those responsible for credit threats and harass are prosecuted under civil code section 1708. (b) (2) and in 1708. (b)(4) California.
Categories of stalking victims
Previous intimate relation: If a stalker has a prior relationship with the victim as they were previously married, then now divorced.
Acquaintances or friends: If the victim has become a stalker to someone he knows or his neighbor. In this case, they have to change their residence.
Professional rapport: in this case, the stalker is known for work, such as students, clients, and patients. However, specific professions are more like to be victims of stalking.
Unknown person: These victims are usually unacquainted with how their stalkers start stalking for the reason that generally these stalkers form a cognize of commendation for their victims from a distance.