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10.3.5: Stalking Intent

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    The defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2023). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element.

    Example of Stalking Intent

    Review the stalking act example in “Example of Stalking Act”. In the majority of states, Elliot must make the threatening statement and carve the threatening message into Lisa’s front door willfully or maliciously. Elliot must act with the specific intent or purposely to cause Lisa to suffer the stalking harm, which is fear for bodily safety, the safety of family members, or fear of damage to Lisa’s property.

    This page titled 10.3.5: Stalking Intent was last modified on Wed, 02 Sep 2026 18:15:03 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.