The term stalking is used in human psychological behavior and criminal offenses in the department of justice. “Stalking” is when a person or group repeatedly follows another person or makes various obscene comments or unsolicited contact. Indeed, when the offender threatening the victim directly or indirectly communicates any unwanted communication, it’s considered “Stalking.” When a person is a victim of Stalking, then the victim faces painful mental stress. In this case, every victim should take an immediate step against the offenders. And if it is possible to solve the problem, through the way of informing family members or friends. Otherwise, the victim should call the police or contact a personal injury attorney. Whatever this article will discuss the California stalking law, elements, and penalties.
The element of Stalking and cause of action:
When the offender has convicted the offense, then notice among the offenders general features. Following are some specific California stalking laws elements, which are noticed as an offender of Stalking.
Willful misconduct: If a perpetrator intentionally touches an intimate part of a person’s body, it is marked as willful misconduct. This behavior can occur through colleagues, friends, neighbors, or even strangers on the go. It becomes difficult for the victim to prove such a crime.
Malicious behavior: If a criminal makes a lousy proposal to a person with malicious intent, it is marked as malicious behavior. This type of action can be an offer to engage in sexual activity or to engage in some illegal activity. This kind of behavior accumulates fear in the mind of a victim.
Repeated following: If a perpetrator causes anxiety, frustration, pain, and panic by seriously following a person frequently, it is marked as repeated following. In this case, the perpetrator waists to engage in various immoral activities with the victim. For this repeated following victim, always feel insecure.
California stalking laws and the penalty for the perpetrators:
According to the California Penal Code 646.9, a criminal will be convicted. That’s when the perpetrator follows a person maliciously, and the crime is committed intentionally again if the perpetrator creates a credible threat to violate the victim’s protection and puts the victim in reasonable fear or panic. The California Stalking issue is widely known as the “wobbler.” which means it is marked as “misdemeanor” and “felony.” An offender is punished considering these two issues. When a criminal is convicted as a “misdemeanor,” he/she is fined more than $1,000 and faces up to one year in prison. On the other hand, when the criminal is convicted as a “felony,” he/she is fined more than $1,000 and faces up to five years in prison.
In the case of ensuring punish to offenders duty of victims:
Walking is one of the most heinous criminal offenses in California. So a victim should feel that the perpetrators are punished legally to eradicate such crimes from society. When criminals get rid of such a crime, they will be more likely to commit such a reckless act. The victim has to take some vital steps to give an appropriate punishment to an offender, one of which is to preserve evidence against the offender. The victim can enlist the help of his or her family or friends to gather this vital evidence. And the next step for the victim should be to contact the most reputable law firm and hire the right lawyer, so that the victim’s case can be appropriately represented successfully. In this case, for the victim’s convenience, California, one of the best personal attorney providers renewed law firms is the Nakase Law Firm. This law firm has a reputation not only for stalking cases but also for its ability to compensate for injuries caused by car accidents, motorcycle accidents, and truck accidents.