What are the elements of the crime of stalking?

California, United States of America


The following excerpt is from People v. Wynne, B251478 (Cal. App. 2015):

The elements of the crime of stalking are: "(1) repeatedly following or harassing another person, and (2) making a credible threat (3) with the intent to place that person in reasonable fear" for his or her safety. (People v. Ewing (1999) 76 Cal.App.4th 199, 210.)10 A credible threat is "a verbal or written threat . . . or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety . . . and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety . . . ." ( 646.9, subd. (g).)11

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