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Stalking


            
             Prior to 1990 there was no penal code to define stalking. In 1989 Rebecca Schaeffer, who starred in the television show "My Sister Sam" was shot at point blank range by John Bardo, an obsessed fan who had been stalking her for two years. This act and others similar resulted in legislation creating penal code 649.5. Stalking is now part of the legal system including the California Family and California civil codes. The laws are a good start but are vague, not harsh enough and only effective if the person stalking has repeated behavior.
             California Penal Code 649.9 defines a stalker as an individual who "willfully, maliciously and repeatedly harasses another person and who makes a credible threat with the intent to place that person in reasonable fear of death or great bodily injury." The law defines harassment as a "knowing and willful coarse of conduct (over time) directed at a specific person that seriously alarms, annoys, or harasses that person, and which serves no legitimate purpose." A "credible threat" is a threat made "with the intent and the apparent ability to carry out that threat so as to cause the person who is the target of the threat to reasonably fear for his or her own safety.".
             Under this Penal Code not only the victim but the victim's immediate family members are protected from the stalker. "Immediate family" Includes a spouse, parent, child or sibling, or any other person who regularly resides in a person's household or resided in a person's household within the past six months. .
             If a person is convicted of stalking according to PC 649.5 that person may face .
             Imprisonment for up to a year and/or a fine up to $500.00, unless the stalker pursued you in violation of a previous court order, then the punishment may be two to four years imprisonment. .
             Since the 1990 California law was added to the Penal Code all 50 states except Maine have added stalking laws to their legislation.


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