Stalking with Threats — California Penal Code § 646.9(a)

What Is Stalking with Threats in California?

Stalking with Threats under California Penal Code § 646.9(a) is one of the most serious stalking-related crimes. It occurs when a person willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat intended to place that person in reasonable fear for their safety or the safety of their immediate family.

Because the statute allows prosecutors to file it as either a misdemeanor or a felony — and in some cases can trigger sex-offender registration requirements — it’s essential to seek immediate representation from a firm experienced in high-stakes criminal defense.

At Radford & Rome, LLP, our attorneys are former prosecutors who have handled complex felony cases across Southern California. We understand how these charges are investigated, filed, and proven — and how to challenge them effectively.

Elements the Prosecution Must Prove

To secure a conviction under Penal Code § 646.9(a), prosecutors must establish each of the following beyond a reasonable doubt:

  1. You willfully, maliciously, and repeatedly followed or harassed another person; and
  2. You made a credible threat intending to place that person in reasonable fear for their own safety or that of their immediate family.

“Credible threat” means a threat made with the apparent ability to carry it out, causing the victim to reasonably fear for safety.

Penalties and Consequences

Stalking with Threats is a wobbler, meaning it may be prosecuted as either a misdemeanor or a felony.

  • Misdemeanor: Up to one year in county jail.
  • Felony: 16 months, 2 years, or 3 years in state prison.

Additional consequences may include:

  • Mandatory protective or restraining orders;
  • Possible sex-offender registration under Penal Code § 290, depending on the facts;
  • Immigration consequences, as it may be considered a crime involving moral turpitude or domestic violence; and
  • Significant reputational harm, particularly in domestic or workplace contexts.

No two stalking cases are alike. A skilled defense attorney can identify weaknesses in the prosecution’s evidence and build a strategy around the facts of your situation. Common defenses include:

  • No Repeated Conduct:
    The statute requires repeated willful and malicious acts. A single encounter or one-time communication does not meet the standard for stalking.
  • No Credible Threat:
    The prosecution must show that any alleged threat was both credible and intended to cause fear. A statement that is exaggerated, sarcastic, or plainly impossible to carry out cannot qualify as a “credible threat.”
  • Lack of Intent or Malice:
    If the defendant’s actions were not intended to harass, threaten, or instill fear — for example, misunderstandings or non-threatening communications — this can be a strong defense.
  • Mistaken Identity or False Accusations:
    In contentious relationships or online interactions, mistaken identity or false reporting is common. Effective cross-examination and digital forensics can uncover the truth.
  • Penal Code § 422 – Criminal Threats
  • Penal Code § 646.9(b) – Stalking in Violation of a Court Order
  • Penal Code § 11411(c) – Cross Burning or Religious Symbol Desecration

Why Choose Radford & Rome, LLP

At Radford & Rome, we bring the perspective of former prosecutors to every defense we build. Our attorneys have extensive trial experience in Los Angeles, Riverside, San Bernardino, Kern, and Orange Counties, and we’re known for dissecting the government’s case with precision.

We understand the personal and professional impact of a stalking charge — especially one involving alleged threats — and we move quickly to protect your freedom, reputation, and future.

If you’ve been accused under Penal Code § 646.9(a), contact Radford & Rome, LLP today for a confidential consultation. Our firm provides strategic, experienced defense for clients facing serious criminal allegations throughout Southern California.