California, United States of America
The following excerpt is from People v. Parlante, C071771 (Cal. App. 2017):
To commit the offense of stalking, a defendant must "willfully, maliciously, and repeatedly [follow] or willfully and maliciously [harass] another person and . . . [make] a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family." ( 646.9, subd. (a); People v. Ewing (1999) 76 Cal.App.4th 199, 210 (Ewing).) The term "harass" is statutorily defined as a "course of conduct" that "seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose." ( 646.9, subd. (e).) A "credible threat" is a threat "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 or the safety of his or her family" ( 649, subd. (g).) Section 646.9 provides that "[c]onstitutionally protected activity" is not included in the statutory definitions of either " 'course of conduct' " or " 'credible threat.' " ( 646.9, subds. (f) & (g).)
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