Is Stalking a Felony in California? PC 646.9 Penalties, Bail and Next Steps

Quick answer: Stalking can be a felony in California, and in some situations it has to be. Under Penal Code 646.9, stalking means willfully, maliciously and repeatedly following another person, or willfully and maliciously harassing them, while making a credible threat intended to put that person in reasonable fear for their safety or the safety of their immediate family. Basic stalking is a “wobbler.” It can be punished as a misdemeanor, with up to one year in county jail, a fine of up to $1,000, or both, or as a felony, with 16 months, two years or three years in state prison. Stalking is always a felony when a temporary restraining order, injunction or other court order prohibiting that behavior toward the same person was already in effect (two, three or four years in state prison), and when the person already has a felony stalking conviction (two, three or five years). A prior felony conviction for corporal injury on a partner, violating a protective order or criminal threats raises the prison range to two, three or five years, although the law still allows a county jail sentence of up to one year instead. After an arrest, Penal Code 1270.1 requires a hearing in open court before a judge can release the person on their own recognizance or on bail that differs from the county schedule. In 2026, the Los Angeles County felony bail schedule listed stalking at $150,000.

Updated September 2026. Written for people accused of stalking in California, for the family members trying to help them, and for anyone who wants to know where the legal line is. Checked on September 29, 2026 against the California Penal Code (including the change that took effect January 1, 2026), the California Constitution, the Judicial Council’s criminal jury instructions (CALCRIM), a published Court of Appeal decision, the U.S. Supreme Court’s 2023 decision on threats, and the 2026 bail schedules of the Los Angeles, Orange, San Diego and Santa Clara county superior courts. General information, not legal advice.

This guide answers one question in depth: when stalking is a felony in California, and what follows from that answer for the person charged and the people helping them. If the case involves a spouse, partner, ex or co-parent, our guide to bail for domestic violence covers domestic violence release rules and county bail amounts, including stalking, in more detail. If the case started online with a fake or borrowed profile, see is catfishing illegal? If someone was just arrested and you do not know where they are held, start with how to find out if someone is in jail.

Stalking Charges in California at a Glance

A stalking conviction can also bring court-ordered counseling as a condition of probation, a no-contact order that can last up to 10 years, a firearm ban, and, after a felony conviction and a specific finding by the judge, sex offender registration. Each of these is explained below.

In this guide: What counts as stalking | Felony or misdemeanor | Related charges | After an arrest | Protective orders | Other consequences | How cases end | Examples | Outside California | The numbers | Checklist | How Bail Hotline can help | FAQ | Sources

What Counts as Stalking Under Penal Code 646.9?

California’s stalking law has two parts, and a prosecutor has to prove both of them. The Judicial Council’s jury instruction for stalking, CALCRIM No. 1301, lays them out this way:

1. The conduct. The person “willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person.”
2. The threat. The person “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.

That structure answers a lot of questions on its own. Stalking is not only physical following: harassment is a separate route to the first element, and harassment can happen by phone, text, social media or email. And repeated unwanted contact is not stalking unless there is also a credible threat made with the required intent. Without the threat, the same behavior may still be a different crime, such as repeated harassing calls or messages, or grounds for a civil restraining order, but it does not meet PC 646.9.

Key Terms, in Plain English

• Willfully. CALCRIM 1301 says a person acts willfully “when he or she does it willingly or on purpose.”
• Maliciously. A person 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.”
• Repeatedly. The instruction’s definition is short: “Repeatedly means more than once.”
• Harass. PC 646.9(e) defines it as 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.”
• Course of conduct. Under PC 646.9(f), this means “two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.” Two acts on the same day can qualify. Constitutionally protected activity does not count.
• Credible threat. A threat made with the intent to place the target in reasonable fear for their safety or their family’s safety, and “made with the apparent ability to carry out the threat.” It can be verbal, written, electronic, implied by conduct, or a combination. The statute adds: “It is not necessary to prove that the defendant had the intent to actually carry out the threat.”
• Immediate family. PC 646.9(l) includes a spouse, parent, child, anyone related “by consanguinity or affinity within the second degree,” and anyone who regularly lives in the household or did within the prior six months.
• Electronic communication device. PC 646.9(h) says this “includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers.”

A Threat Can Be Implied by Conduct

Families are often surprised that a stalking charge can be filed when nobody ever said “I will hurt you.” The statute covers “a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct.” Showing up again and again at someone’s home or job, tracking their movements, or pairing unwanted messages with actions can together amount to a credible threat, if the other requirements are met. Being in jail is not a defense either. The statute says: “The present incarceration of a person making the threat shall not be a bar to prosecution under this section.”

The Court of Appeal applied this rule in People v. Uecker (2009) 172 Cal.App.4th 583, discussed in the examples section below. Describing the evidence about one of the two women in that case, the court wrote: “From this evidence, a reasonable jury could have found that defendant made an implied threat to her safety in that he was going to do whatever he needed to get M. to go out with him and that she reasonably feared for her safety.”

New in 2026: Threats Involving Pets and Animals

California expanded the definition of a credible threat as of January 1, 2026. Senate Bill 221 (Ochoa Bogh), signed on October 10, 2025, as Chapter 576 of the 2025 statutes, added threats to animals. The current statute now covers a credible threat “including threats to a person’s pet, service animal, emotional support animal, or horse.” If the conduct in a case happened before 2026, ask the defense lawyer which version of the law applies.

What Stalking Is Not

The statute builds in limits that matter in real cases:

• A single act is not a course of conduct. Harassment requires two or more acts, and following must be repeated. A single threatening message can still be a crime, such as criminal threats under PC 422, but that charge has its own elements.
• Conduct with a legitimate purpose is not harassment. The definition of harass requires conduct that “serves no legitimate purpose.”
• Constitutionally protected activity is excluded. PC 646.9(f) and (g) both say constitutionally protected activity is not included, and PC 646.9(i) says the section “shall not apply to conduct that occurs during labor picketing.”
• The threat has to be made with intent to cause fear. In Counterman v. Colorado, decided June 27, 2023, the U.S. Supreme Court held that in a true-threats prosecution, the First Amendment requires proof that “the defendant had some subjective understanding of the threatening nature of his statements,” and that “a mental state of recklessness is sufficient.” California’s stalking law already asks for more than that minimum: the threat must be made “with the intent to place the person that is the target of the threat in reasonable fear.”

Is Stalking a Felony or a Misdemeanor in California?

It depends on which part of PC 646.9 applies, on the person’s prior record, and on choices made by the prosecutor and the judge. There are three tiers.

Basic Stalking Is a Wobbler

PC 646.9(a) says stalking is “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.” Because the statute does not list its own prison term, PC 18 supplies one: “16 months, or two or three years in the state prison.”

A charge that can be punished either way is often called a wobbler. PC 17(b) explains how it becomes a misdemeanor “for all purposes.” The main routes are:

• The prosecutor files the case as a misdemeanor (PC 17(b)(4)).
• The judge decides before trial that the offense is a misdemeanor (PC 17(b)(5)).
• The judge grants probation and declares the offense a misdemeanor, either at that time or later on application (PC 17(b)(3)).
• The judgment imposes a punishment other than state prison or county jail under PC 1170(h) (PC 17(b)(1)).

The statute does not list the factors a prosecutor must weigh when choosing between a misdemeanor and a felony filing, so two stalking cases with different facts or records can be filed very differently.

If a felony prison term is imposed, PC 1170(b) caps the prison term at the middle term unless there are aggravating circumstances whose underlying facts “have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.”

When Stalking Must Be a Felony

Two situations take the misdemeanor option off the table:

• A court order was already in effect (PC 646.9(b)). Stalking “when 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” is punished by two, three or four years in state prison. This is the most important line for families to understand. Once a criminal protective order, a domestic violence restraining order, a civil harassment order or an emergency protective order is in place, repeating the prohibited conduct toward the protected person can turn a wobbler into a straight felony, and the conduct can also be charged as a violation of the order itself.
• A prior felony stalking conviction (PC 646.9(c)(2)). A person previously “convicted of a felony under subdivision (a)” who stalks again faces two, three or five years in state prison.

When a Prior Conviction Raises the Range

PC 646.9(c)(1) applies to a person who, “after having been convicted of a felony under Section 273.5, 273.6, or 422,” commits stalking. The punishment is up to one year in county jail, a fine of up to $1,000, or both, or two, three or five years in state prison. The prison range is higher than for basic stalking, but the county jail alternative remains. By its words, the subdivision is triggered by a prior felony conviction under one of those three sections, not by a misdemeanor conviction.

Common Misunderstandings

• “Stalking means physically following someone.” No. Harassment is a separate route, and threats can be electronic or implied by conduct.
• “The person has to mean it.” No. The prosecutor does not have to prove the person intended to carry out the threat, only that the threat was made with the intent to cause reasonable fear and with the apparent ability to carry it out.
• “Any prior record makes stalking an automatic felony.” Not by itself. The mandatory felony tiers are a court order in effect and a prior felony stalking conviction. The listed prior felony convictions under PC 273.5, 273.6 or 422 raise the prison range but leave the county jail option.
• “Aggravated stalking adds five years.” PC 646.9 does not use the term “aggravated stalking.” Instead, separate enhancement statutes can add time when their requirements are met: one additional year for personally using a deadly or dangerous weapon in a felony (PC 12022(b)(1)), three, four or ten years for personally using a firearm (PC 12022.5(a)), and three years for personally inflicting great bodily injury (PC 12022.7(a)).
• “One angry message is stalking.” Not under PC 646.9, which requires a course of conduct or repeated following. The message may still be a crime under another law.

Is Stalking a Serious or Violent Felony?

Stalking is not named on California’s list of serious felonies in PC 1192.7(c) or on the violent felony list in PC 667.5(c), which are the lists that drive California’s “strike” rules. A stalking case can still produce a strike in some situations. The serious felony list includes “any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm,” “any felony in which the defendant personally used a dangerous or deadly weapon,” and “criminal threats, in violation of Section 422.” A defense lawyer should check this question early whenever a weapon, an injury or a separate criminal threats count is part of the case.

Stalking Compared With Related California Charges

Other California offenses cover some of the same kinds of conduct, and they can be charged along with stalking or instead of it:

The practical difference is the threat. PC 653m can apply to repeated calls or messages sent “with intent to annoy or harass,” “whether or not conversation ensues.” PC 646.9 requires a credible threat made with the intent to cause reasonable fear. When the threat element is disputed, the related charges can matter a great deal to how a case is filed or resolved.

Is Cyberstalking a Crime in California?

PC 646.9 does not treat online stalking as a separate crime. The same statute covers it: a credible threat can be “performed through the use of an electronic communication device,” and harassment can happen entirely online. Depending on the facts, prosecutors may also look at PC 653m for repeated electronic contact, PC 653.2 for posting someone’s information to provoke others, and PC 637.7 for a hidden tracking device. Impersonating a real person online is covered in our guide to catfishing in California.

Online stalking can also cross into federal law. 18 U.S.C. 2261A reaches a person who, with intent “to kill, injure, harass, intimidate, or place under surveillance,” uses “the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce,” when the statute’s other requirements are met.

When Stalking Is Also Domestic Violence

When the person stalked is a spouse or former spouse, a current or former cohabitant, someone the accused dated or was engaged to, someone with whom the accused has had a child, a child of either party, or another person “related by consanguinity or affinity within the second degree,” such as a parent, sibling or grandparent, the case falls under the definition of domestic violence in Family Code 6211. That brings extra rules. If probation is granted, PC 1203.097 requires, among other terms, “A minimum period of probation of 36 months,” a criminal court protective order “protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment,” and completion of a batterer’s program “for a period not less than one year.” Our domestic violence bail guide explains the release side of those cases.

What Happens After a Stalking Arrest?

Stalking arrests follow California’s normal arrest process, with several extra rules that focus on the person named as the victim. Here is the usual sequence.

1. Booking and the first appearance. After booking, the person must be brought before a judge “without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays” (PC 825). Our guide on how long it takes to see a judge explains how weekends and holidays affect that timeline.
2. The scheduled amount, or a hearing. Stalking is one of the charges listed in PC 1270.1. Before a person arrested for stalking “may be released on bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or may be released on the person’s own recognizance, a hearing shall be held in open court before the magistrate or judge.” In practice, that means the county’s scheduled amount is usually the only bail available before that hearing.
3. Notice to both sides. The prosecutor and the defense get “a two-court-day written notice and an opportunity to be heard.” If the person does not have a lawyer, the court appoints one for the hearing.
4. What the judge weighs. At the hearing, the court considers “evidence of past court appearances of the detained person, the maximum potential sentence that could be imposed, and the danger that may be posed to other persons if the detained person is released.” For own-recognizance release, the court must consider “threats that have been made by the detained person and any past acts of violence,” along with evidence about the person’s “ties to the community and ability to post bond.” Under PC 1275, “The public safety shall be the primary consideration.”
5. The victim can speak. The stalking statutes add a rule of their own. Under PC 646.93(b), any request to lower bail is heard in open court, the prosecutor must make reasonable efforts to notify the victim, and “The victims may be present at the hearing and shall be permitted to address the court on the issue of bail.”
6. Bail can go up without a hearing. A judge can raise bail above the schedule on a bailable felony without a hearing if a sworn peace officer presents a declaration of facts under penalty of perjury (PC 1270.1(e)).
7. In some felony cases, bail can be denied. The California Constitution allows a court to deny bail in a felony case “when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released” (Cal. Const., art. I, sec. 12). Stalking charges are built around threats, so this provision is worth knowing about in any felony stalking case. Our guide to being denied bail explains what happens next.

If the judge changes bail from the schedule, the judge must “state the reasons for that decision” and address any threats made against the victim or a witness in the record. Families preparing for this hearing can use our guide on how to prepare for a bail hearing in California.

Release Conditions the Judge Must Impose

When someone charged with stalking is released on bail, PC 646.93(c) says that “Unless good cause is shown not to impose the following conditions, the judge shall impose” them as conditions of release:

1. No initiating contact with the alleged victims “in person, by telephone, or any other means.”
2. Not knowingly going “within 100 yards of the alleged victims, their residence, or place of employment.”
3. Not possessing “any firearms or other deadly or dangerous weapons.”
4. Obeying all laws.
5. Giving the court, on request, a residence address, a business address and phone number if employed, and a residence phone number.

The consequence of breaking these conditions is spelled out in the same subdivision: “A showing by declaration that any of these conditions are violated shall, unless good cause is shown, result in the issuance of a no-bail warrant.” In other words, a sworn statement can send the person back into custody without bail. That also puts the bail bond at risk, which our guide to what happens if your bond is revoked explains.

2026 Bail Schedule Amounts for Stalking in Four Counties

Each county’s superior court publishes its own bail schedule, and the amounts differ widely. These are the stalking lines in four large counties’ 2026 schedules, read directly from the courts’ documents. They are the court’s full bail amounts, not the cost of a bail bond, and a judge can set a different amount after a hearing.

Orange County’s schedule repeats the PC 1270.1 rule in its general instructions, listing “136.1(c), 243(e)(1), 262, 273.5, 273.6, 422 (as a felony, and 646.9).” Santa Clara’s does the same for “felony 422 and 646.9.” For stalking amounts in other counties, see the county table in our domestic violence bail guide, and for other charges, our guide to bail amounts by crime in California.

Protective Orders in Stalking Cases

Protective orders deserve close attention in any stalking case, because an order can change the next charge from a wobbler to a straight felony. There are several kinds, and a person can be under more than one at the same time.

• Emergency protective order. Under PC 646.91, a judge, commissioner or referee can issue an emergency order at a peace officer’s request when there are reasonable grounds to believe a person “is in immediate and present danger of stalking.” It expires at the earlier of “The close of judicial business on the fifth court day following the day of its issuance” or “The seventh calendar day following the day of its issuance.” A person subject to one “shall not own, possess, purchase, or receive a firearm while the order is in effect.”
• Criminal protective order during the case. Once a criminal case is filed, a court can issue protective orders “Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur” (PC 136.2).
• Civil harassment restraining order. The person being stalked can ask a civil court for an order under Code of Civil Procedure 527.6, where “Unlawful violence” includes “stalking as prohibited in Section 646.9 of the Penal Code.” The California Courts self-help page explains that this type of order is for someone “you are not closely related to or someone you have not had an intimate relationship with,” and that an order after a court date “can last up to 5 years.”
• Domestic violence restraining order. When the people involved are current or former partners or close family, a family court can order a person to stop “stalking, threatening” and other listed conduct under Family Code 6320. The California Courts DVRO page says those orders also “can last up to 5 years” after a court date.
• Order after conviction. At sentencing, PC 646.9(k) says the court “also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years.” That order can be issued whether the sentence is prison, jail or probation.

Violating one of these orders is a separate problem. A willful and knowing violation of a criminal protective order issued under PC 136.2 is contempt of court, a misdemeanor, under PC 166(c)(1). An intentional and knowing violation of a domestic violence protective order or a civil harassment order is a misdemeanor under PC 273.6, and disobeying an emergency protective order issued under PC 646.91 is also punishable under PC 166. And repeating the stalking conduct toward the protected person while any qualifying order is in effect is exactly what PC 646.9(b) punishes with two, three or four years in state prison.

A stalking victim can also sue. Civil Code 1708.7 creates a civil claim, the “tort of stalking,” which requires a pattern of conduct intended “to follow, alarm, place under surveillance, or harass the plaintiff,” supported by “independent corroborating evidence,” along with the other elements that statute lists.

If You Are the One Being Stalked

This guide is written mostly for families of people who have been arrested, but the same laws protect people who are being stalked. Call 911 in an emergency; officers can ask a judicial officer for an emergency protective order under PC 646.91. The California Courts self-help pages explain the civil harassment and domestic violence restraining order processes. California’s Safe at Home program, run by the Secretary of State, “offers a substitute mailing address” for victims of domestic violence, sexual assault, stalking and certain other crimes. After an arrest, the victim resource card must list a phone number to check “bail status” or whether the person has been released (PC 646.93(a)), and after a stalking conviction, a victim who asks can be notified at least 15 days before the person is released from state prison or county jail (PC 646.92).

Consequences Beyond Jail or Prison

The sentence is only part of what a stalking conviction can bring. These are the other consequences written into California law.

• Counseling on probation. If probation is granted, PC 646.9(j) says “it shall be a condition of probation that the person participate in counseling, as designated by the court,” unless the court finds good cause not to require it.
• A no-contact order of up to 10 years. The PC 646.9(k) order described above can outlast the sentence by years.
• Possible sex offender registration. Under PC 646.9(d), “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.” That is not automatic. PC 290.006 allows it only “if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification,” and the court must state its reasons on the record. The person registers as a tier one offender unless the court finds a higher tier is warranted and says why.
• Firearms. A misdemeanor stalking conviction triggers a 10-year firearm ban: PC 29805 lists PC 646.9 among the misdemeanors after which possessing a firearm “within 10 years of the conviction” is a crime. A felony conviction brings the felony firearm ban in PC 29800. During the case, the PC 646.93(c) release conditions already bar firearms and other deadly weapons unless the judge finds good cause.
• Domestic violence terms. When the person stalked falls within Family Code 6211, the PC 1203.097 probation terms described earlier apply.
• Victim notice before release. Under PC 646.92, prison and jail officials must give notice to a victim, family member or witness who asks, “not less than 15 days prior to the release” of a person convicted of stalking.

Immigration Consequences

For anyone who is not a U.S. citizen, a stalking conviction carries serious federal risk. Federal law makes deportable a noncitizen who, after admission, “is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment” (8 U.S.C. 1227(a)(2)(E)(i)). The next paragraph of the same statute covers certain protective order violations. California’s PC 1016.3 requires defense counsel to “provide accurate and affirmative advice about the immigration consequences of a proposed disposition.” Immigration enforcement can also reach the county jail. Under the California Values Act, local agencies may not detain someone “on the basis of a hold request” from immigration authorities (Government Code 7284.6), and Government Code 7282.5 limits when officers may respond to immigration requests for a person’s release date. Its list of qualifying convictions includes “Stalking, as specified in, but not limited to, Section 646.9,” and it also allows that discretion after a magistrate finds probable cause on a felony punishable by state prison. Our guide to immigration bonds and bail bonds explains ICE holds, immigration bonds and how the two systems differ.

Diversion and Clearing the Record

• Misdemeanor diversion is not available. Judge-granted misdemeanor diversion under PC 1001.95 cannot be offered for “A violation of Section 646.9.”
• Mental health diversion may be. Stalking is not on the list of excluded offenses in PC 1001.36. Eligibility still depends on the statute’s other requirements and the court’s findings, including that the person “will not pose an unreasonable risk of danger to public safety” if treated in the community.
• Dismissal after probation. PC 1203.4 lets a court dismiss a case after probation is completed, and stalking is not among the offenses it excludes. The relief has limits that matter here. A PC 646.9(k) protective order stays “in full effect until expiration or until any further order by the court,” the dismissal “does not permit a person to own, possess, or have custody or control of a firearm,” and in a later case the prior conviction “may be pleaded and proved.”

How Stalking Cases Can End

No article can predict how a particular stalking case will end, and this one does not try. What the law does show is that there are several exits along the way, and a good defense lawyer or public defender will look at each of them.

• No filing, or a misdemeanor filing. The prosecutor can decline to file charges, or can file a PC 646.9(a) case as a misdemeanor under PC 17(b)(4).
• Reduction by the judge. A felony PC 646.9(a) or (c)(1) charge can be reduced to a misdemeanor by the judge under PC 17(b), before trial or when probation is granted. The mandatory felony tiers, PC 646.9(b) and (c)(2), have no misdemeanor option to reduce to.
• A different charge. Because the related offenses in the table above cover similar conduct with different elements, some cases are resolved on a charge other than stalking. Whether that is possible depends on the facts, the person’s record and the prosecutor.
• Mental health diversion. For people who qualify, PC 1001.36 diversion can end with a dismissal. Misdemeanor diversion under PC 1001.95 is not available for stalking.
• Trial. At trial, the prosecutor has to prove each element. Issues a defense lawyer may examine include whether there was a credible threat at all, whether the person intended to cause fear, whether the acts showed a continuity of purpose, whether the contact served a legitimate purpose or was constitutionally protected, who actually controlled the accounts or phone numbers involved, and, for a PC 646.9(b) charge, whether a qualifying court order was actually in effect.

If probation is granted and completed, PC 1203.4 dismissal may be available later, with the limits described above. For how a probation violation is handled if something goes wrong along the way, see our guide to probation violations in California.

How This Plays Out: A Real Case and Four Hypothetical Examples

A Real Case: People v. Uecker (2009)

In People v. Uecker, decided March 24, 2009, by California’s Third District Court of Appeal (No. C058061), the opinion begins: “A jury found defendant Danny Greg Uecker guilty of stalking two women. The trial court found he had four strike priors and sentenced him to 50 years to life in prison.” The 50-years-to-life term reflects the trial court’s findings on his four strike priors; the stalking statute’s own ranges are far lower.

The opinion describes a man who repeatedly showed up where the first woman worked and left her notes, and who called the second woman, a real estate agent, more than 30 times in three weeks despite her wish to cut off contact. The case did not depend on an explicit statement that he would hurt either woman. The court held that the jury could find credible threats implied by the pattern of conduct and the statements together, and it affirmed the convictions. The lesson for families is the one written into PC 646.9(g): a threat “implied by a pattern of conduct” counts.

Hypothetical 1: The Breakup, the Order, and the Felony Line

This example is hypothetical. After a breakup, Daniel sends his former girlfriend dozens of messages over two weeks and waits outside her apartment twice. One message says she will “regret” ignoring him. She reports it, and he is arrested. At arraignment, the judge issues a criminal protective order and releases him with the PC 646.93 conditions. Two weeks later, he messages her again from a new account. The first case may have been filed as a misdemeanor or a felony under PC 646.9(a). Any new stalking conduct toward her while the order is in effect is a different matter: PC 646.9(b) makes it a straight felony with two, three or four years in state prison, the new contact can be charged as a violation of the order, and a sworn declaration about the violation can lead to a no-bail warrant under PC 646.93(c).

Hypothetical 2: Many Calls, No Threat

This example is hypothetical. A man calls a former coworker 25 times in a week, asking why she stopped talking to him. He never threatens her, and nothing about his conduct implies a threat. That pattern may fit PC 653m, which covers repeated calls or electronic contacts made “with intent to annoy or harass.” It may also support a civil harassment restraining order. Without a credible threat, it does not meet PC 646.9. If the calls later include a threat, or he starts turning up at her home, the analysis can change quickly.

Hypothetical 3: A Tracker on the Car

This example is hypothetical. A woman hides a small tracking device in her estranged husband’s car, which is registered only to him, and uses it to appear at places he goes. Using an electronic tracking device to determine a person’s location or movement is a misdemeanor under PC 637.7 unless an exception applies, such as the registered owner, lessor or lessee of the vehicle consenting. If the appearances come with statements or conduct that amount to a credible threat, a stalking charge becomes possible too, and because the two are married, domestic violence rules such as the PC 1203.097 probation terms could also apply if probation is granted.

Hypothetical 4: An Old Felony Criminal Threats Conviction

This example is hypothetical. Years ago, Marcus was convicted of felony criminal threats under PC 422. He is now accused of stalking a neighbor. Because of that prior felony conviction, the stalking charge can be filed under PC 646.9(c)(1), with a prison range of two, three or five years. The county jail alternative of up to one year still exists under that subdivision. If his earlier PC 422 case had ended as a misdemeanor, subdivision (c)(1) would not apply by its terms, although his record could still matter to the bail decision and the sentence.

Stalking Laws Outside California

Other states and the federal government have their own stalking laws, and the details vary.

• Federal law. Under 18 U.S.C. 2261A, a person can be prosecuted for interstate stalking, or for using the mail or online services to stalk, when the statute’s intent and harm requirements are met. The penalties are set in 18 U.S.C. 2261(b).
• Idaho. Bail Hotline also has offices in Boise and Twin Falls. Idaho splits stalking into two degrees. Second-degree stalking under Idaho Code 18-7906 is punishable by up to one year in county jail, a fine of up to $1,000, or both. First-degree stalking under Idaho Code 18-7905 applies when second-degree stalking comes with an aggravating fact, such as violating “a temporary restraining order, protection order, no contact order or injunction,” a victim under 16, possessing “a deadly weapon or instrument,” or a prior stalking conviction within seven years. It “is a felony punishable by a fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.”
• Constitutional limits everywhere. The Counterman decision applies nationwide to prosecutions based on threatening statements, including stalking laws that punish threats.

If a loved one was arrested in another state, our guide to bailing someone out of jail in another state explains how that process works.

What the Numbers Show

National survey figures come from the U.S. Bureau of Justice Statistics report Stalking Victimization, 2019, published in February 2022. It found that “About 1.3% (3.4 million) of all persons age 16 or older were victims of stalking in 2019,” and that “Less than a third (29%) of all stalking victims reported the victimization to police in 2019.” The report also found that “An estimated 67% of victims of both traditional stalking and stalking with technology were fearful of being killed or physically harmed.”

Two limits matter when reading those numbers. First, they come from a national survey of people describing their own experiences, measured with the survey’s own definition, not from California’s PC 646.9 elements, so they are not a count of cases that would meet California’s legal test. Second, they are national. This guide does not cite a California count of stalking arrests or convictions because we did not find one in the sources reviewed for this update.

What Families Should Do

1. Find out where your loved one is held and what the booking charge is. Our inmate locator guide covers the county and state systems.
2. Write down the exact code section. PC 646.9(a), (b) and (c) carry different ranges, and the subdivision tells you whether the charge can still be a misdemeanor.
3. Expect the PC 1270.1 rule. Before a hearing in open court, release is usually only possible on the scheduled amount. If you want the judge to consider release on other terms, gather what PC 1270.1(c) says the court will consider from the defense side: evidence of “ties to the community and ability to post bond,” such as a job, a stable address and family nearby. Give it to the defense lawyer.
4. Do not carry messages to the person named as the victim. The release conditions bar the defendant from initiating contact “in person, by telephone, or any other means,” and a relayed message can create serious problems for the case and the bond.
5. Read every order, and keep a copy. Note the 100-yard distance, the protected places and whether the order covers social media and third parties. Ask the lawyer how to comply with the firearm restriction.
6. Get a defense lawyer or public defender involved early. Ask about a misdemeanor filing, PC 17(b) reduction, mental health diversion, the protective order terms, and, for noncitizens, immigration consequences before any plea.
7. If you will cosign, understand the agreement first. Our guide to your role as a bail bond co-signer explains what you take on.
8. Keep every court date. A missed date can lead to a warrant and a forfeited bond. See what happens with a failure to appear.
9. Keep records. Save bail paperwork, court notices and copies of every order in one place.
10. If a violation is alleged, act the same day. Call the defense lawyer and your bail agent right away. A declaration that a release condition was broken can lead to a no-bail warrant.

How Bail Hotline Can Help

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is a family-owned bail bond company that has served California families since 2004. We are licensed through our parent company, DMCG, Inc., with the California Department of Insurance (license #1845394). Reach us 24 hours a day, 7 days a week, at (888) 958-1228.

Stalking Arrest? This Is Where We Help Most

A stalking arrest moves fast and comes with rules most families have never heard of. The charge is on the PC 1270.1 list, so the county’s scheduled amount is often the only way out before a hearing, and that amount can be large: $150,000 on the 2026 Los Angeles felony schedule, and up to $250,000 in Santa Clara County with a prior stalking conviction. Release, when it comes, usually comes with strict no-contact conditions. That is the moment we are built for.

• Jail information quickly, at no charge. Our agents gather inmate information for all jails quickly and at no charge, and every Bail Hotline office holds accounts with the jail systems. We can help you learn where your loved one is held, what the booking charge is, and whether bail has been set.
• Ready on the schedule or after the hearing. Our dedicated posting agents work 24/7, including nights, weekends and holidays. If your family decides to post the scheduled amount, or the judge sets bail at the PC 1270.1 hearing, we are ready to move when you are.
• Large bonds are not an automatic no. Stalking bail can run into six figures, and some cases involve arrests or orders in more than one county. A large, complicated or out-of-county bond is not an automatic no for us.
• Every cosigner is walked through the agreement. Before anyone signs, an agent explains what the cosigner is agreeing to and answers questions. In a stalking case, it helps for the cosigner to know that the release conditions are court orders, and that a declaration that one was broken can lead to a no-bail warrant.
• Warrant walk-throughs. If a warrant was issued in the stalking case, or you suspect an older one, we walk you through the steps to address it. See also our guide to posting bail on an outstanding warrant.

Every case is different. The court decides, through its bail schedule, a magistrate or a judge, whether, when and on what terms someone arrested for stalking is released, and we cannot promise approval, a release time or any result in the case. A bail bond does not change a protective order or any of the release conditions. If the court releases your loved one on their own recognizance, there may be nothing to post.

After Release: Keeping the Case on Track

• Text court-date reminders. We send text reminders of court dates, because a missed date in a stalking case adds a warrant to an already serious situation.
• Signing out of a bond. A cosigner may be able to sign out of a bond that is in good standing, meaning there are no past-due payments and the defendant has not missed court or daily online check-ins. We explain how it works case by case. See our guide to removing a cosigner’s name from a bail bond.

Find more offices in our locations directory, start online with online bail bonds, or read quick answers in our bail FAQ.

Frequently Asked Questions

Is stalking a felony in California?

It can be. Basic stalking under PC 646.9(a) is a wobbler that can be charged as a misdemeanor or a felony. It must be a felony when a restraining order or other court order prohibiting the conduct toward the same person was already in effect, or when the person has a prior felony stalking conviction.

What is the punishment for stalking in California?

As a misdemeanor, up to one year in county jail, a fine of up to $1,000, or both. As a felony under PC 646.9(a), 16 months, two years or three years in state prison. Stalking with a court order in effect carries two, three or four years, and stalking after certain prior felony convictions carries up to five years. Enhancements, counseling, a no-contact order of up to 10 years and a firearm ban can be added.

What are the elements of stalking in California?

The prosecutor must prove that the person willfully and maliciously harassed someone, or willfully, maliciously and repeatedly followed them, and made a credible threat with the intent to place that person in reasonable fear for their safety or their immediate family’s safety. The threat can be spoken, written, electronic or implied by a pattern of conduct, and the prosecutor does not have to prove the person intended to carry it out.

Is cyberstalking a felony in California?

It can be, because PC 646.9 covers threats made “through the use of an electronic communication device” and harassment that happens online. The same felony rules apply as for any other stalking. Online conduct that does not meet PC 646.9 may still fall under other laws, such as PC 653m for repeated harassing messages or PC 653.2 for posting someone’s information to provoke others.

Is stalking a violent felony or a strike in California?

Stalking is not on California’s serious felony list (PC 1192.7(c)) or its violent felony list (PC 667.5(c)). A felony stalking case can still count as a strike if the defendant personally used a deadly weapon or firearm or personally inflicted great bodily injury, and a separate felony criminal threats conviction under PC 422 is a serious felony.

How much is bail for stalking in California?

It depends on the county and the subdivision charged, and a judge can change the amount after a hearing. On 2026 schedules, felony stalking under PC 646.9(a) was $150,000 in Los Angeles, $100,000 in San Diego, $50,000 in Santa Clara and $20,000 in Orange County, with higher amounts in several counties when a court order was in effect or there was a prior conviction. Under PC 1270.1, release on a different amount or on own recognizance requires a hearing in open court.

Can you get bail for stalking in California?

Usually, yes, but with extra steps. Stalking is a PC 1270.1 charge, so a judge holds a hearing before releasing someone on anything other than the scheduled amount, and the victim may speak at a bail reduction hearing. Release comes with conditions such as no contact and staying 100 yards away, and in some felony cases the California Constitution allows a judge to deny bail when there is clear and convincing evidence of a threat of great bodily harm that the person is likely to carry out.

What is the difference between stalking and harassment in California?

Harassment is part of the definition of stalking, but stalking also requires a credible threat made with the intent to cause reasonable fear. Repeated contact without that threat may be a misdemeanor under PC 653m or grounds for a civil harassment restraining order, but it is not stalking under PC 646.9.

Can a stalking charge be dropped or reduced?

Sometimes. The prosecutor can decline to file or file a misdemeanor, a judge can reduce a felony PC 646.9(a) or (c)(1) charge under PC 17(b), and a case can be resolved on a different charge. Stalking is excluded from misdemeanor diversion under PC 1001.95 but not from mental health diversion under PC 1001.36, if the person otherwise qualifies.

Does a stalking conviction require sex offender registration?

Not automatically. For a felony stalking conviction, PC 646.9(d) lets the judge order registration under PC 290.006, and that statute requires a finding that the offense was committed “as a result of sexual compulsion or for purposes of sexual gratification,” with the reasons stated on the record.

Why We Publish This

Many families first hear the word “stalking” from a booking record or a phone call from jail, and the first question is often whether it is a felony. The honest answer depends on details that are easy to miss, especially whether a court order was already in place. We publish this guide so families can read what the law actually says, understand the bail and protective order rules that come with the charge, and know which questions to bring to a lawyer. This guide is general information, not legal advice. For advice about a specific case, talk to a California criminal defense lawyer or the public defender.

Sources and Further Reading

California stalking statutes (official text)

• Penal Code 646.9 (stalking; amended by SB 221, effective January 1, 2026)
• Penal Code 646.91 (emergency protective orders for stalking)
• Penal Code 646.92 (victim notice before release)
• Penal Code 646.93 (bail hearings and mandatory release conditions)
• Senate Bill 221 (2025) (threats to pets and animals)

Sentencing, bail and related California law

• Penal Code 17, Penal Code 18 and Penal Code 1170 (wobblers, default felony terms, middle-term rule)
• Penal Code 12022, Penal Code 12022.5 and Penal Code 12022.7 (weapon, firearm and great bodily injury enhancements)
• Penal Code 1192.7 and Penal Code 667.5 (serious and violent felony lists)
• Penal Code 825, Penal Code 1270.1 and Penal Code 1275 (first appearance, bail hearings, public safety)
• California Constitution, article I, section 12 (bail and its exceptions)
• Penal Code 653m, Penal Code 653.2, Penal Code 422, Penal Code 273.6 and Penal Code 637.7 (related offenses)
• Penal Code 136.2 (criminal protective orders), Penal Code 166 (contempt, including violating a criminal protective order), Code of Civil Procedure 527.6 (civil harassment orders), Family Code 6320 and Family Code 6211 (domestic violence orders and definition)
• Civil Code 1708.7 (the civil tort of stalking)
• Penal Code 1203.097 (domestic violence probation terms)
• Penal Code 290.006 (court-ordered registration)
• Penal Code 29800 and Penal Code 29805 (firearm prohibitions)
• Penal Code 1001.95 and Penal Code 1001.36 (misdemeanor and mental health diversion)
• Penal Code 1203.4 (dismissal after probation)
• Penal Code 1016.3 (immigration advice), Government Code 7282.5 and Government Code 7284.6 (California Values Act)

Jury instructions and court decisions

• CALCRIM No. 1301, Stalking (Judicial Council of California Criminal Jury Instructions)
• People v. Uecker (2009) 172 Cal.App.4th 583
• Counterman v. Colorado (2023) 600 U.S. 66

2026 county bail schedules

• Los Angeles Superior Court 2026 Felony Bail Schedule and 2026 Misdemeanor Bail Schedule
• Orange County Superior Court 2026 Bail Schedule
• San Diego Superior Court Bail Schedule, effective January 1, 2026
• Santa Clara Superior Court 2026 Criminal Bail Schedule

Help for people being stalked

• California Courts: civil harassment restraining orders
• California Courts: domestic violence restraining orders
• California Secretary of State: Safe at Home

Federal law, other states and data

• 18 U.S.C. 2261A (federal stalking)
• 8 U.S.C. 1227 (deportable offenses)
• Idaho Code 18-7905 and Idaho Code 18-7906 (Idaho stalking)
• Bureau of Justice Statistics, Stalking Victimization, 2019 (February 2022)