A heated argument on Instagram. A series of DMs to an ex. A comment thread that escalated. A burner account that “joked” about something serious. In 2026, the line between an angry post and a criminal charge is thinner than most people realize. California prosecutes cyberstalking and online harassment aggressively, and the consequences can include county jail, state prison, sex offender registration, and a permanent record that affects every part of your life.
If you’ve been arrested, contacted by police, or served with a restraining order over something you posted or sent online, the decisions you make in the next few days matter enormously. Don’t talk to police, don’t contact the alleged victim, and don’t delete anything (that can be a separate crime). Instead, talk to a Los Angeles criminal defense attorney immediately.
This guide explains what California cyberstalking law actually prohibits, the penalties you could face, related charges that often get stacked on top, and the strongest defenses available.
The Core Statute: California Penal Code § 646.9
California’s cyberstalking law isn’t a separate offense from stalking. It’s the same crime, Penal Code § 646.9, applied to electronic communications. The statute defines stalking as:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family.”
To convict you under PC § 646.9, the prosecution must prove all of the following beyond a reasonable doubt:
- You willfully and maliciously harassed or repeatedly followed the alleged victim. “Willfully” means on purpose. “Maliciously” means with the intent to disturb, annoy, or injure.
- You made a credible threat. A credible threat is a verbal, written, or electronically communicated threat (or a pattern of conduct) that would cause a reasonable person to fear for their safety. The threat does not have to specifically state an intent to do harm if the surrounding conduct conveys that meaning.
- You intended to place the alleged victim in reasonable fear for their own safety or the safety of their immediate family.
- The communication was made through an electronic device (the internet, cell phone, social media, email, text, fax, video, or any electronic medium) when the case is charged as cyberstalking specifically.
The statute also defines two key terms:
- “Harasses” means 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” means two or more acts over any period of time, however short, showing continuity of purpose.
If any one of these elements is missing or weak, the prosecution cannot legally obtain a conviction.
Penalties for Cyberstalking in California
PC § 646.9 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s record.
Misdemeanor cyberstalking (PC § 646.9(a))
- Up to 1 year in county jail
- Up to $1,000 fine
- Summary (informal) probation
- Mandatory counseling
- Possible protective order
Felony cyberstalking when a restraining order is in effect (PC § 646.9(b))
- 2, 3, or 4 years in state prison
- Up to $10,000 fine
Felony cyberstalking with prior felony convictions (PC § 646.9(c)) This applies if you have a prior felony conviction for criminal threats (PC § 422), violation of a protective order (PC § 273.6), or domestic violence (PC § 273.5).
- 2, 3, or 5 years in state prison
Repeat stalking offense If you’ve been previously convicted of felony stalking and commit it again, the penalty is 2, 3, or 5 years in state prison regardless of whether the new victim is the same person.
Sex offender registration Under PC § 290.006, the sentencing judge has discretion to require sex offender registration for anyone convicted of felony stalking. This is a life-altering consequence that follows you forever.
Related Online Crimes That Often Get Stacked On
In many cases, prosecutors don’t just file PC § 646.9. They stack on additional charges that cover overlapping conduct.
Criminal threats (Penal Code § 422). Communicating a threat of death or great bodily injury to another person, where the threat causes sustained fear, is a separate crime. It’s a wobbler punishable by up to 1 year in jail (misdemeanor) or up to 3 years in state prison (felony), plus a strike under California’s Three Strikes Law if charged as a felony.
Cyber harassment / e-personation (Penal Code § 653.2). Posting harmful information about someone online (including doxxing, creating fake accounts, or impersonating someone to incite harassment) is a separate misdemeanor punishable by up to 1 year in county jail and a $1,000 fine.
Annoying or harassing electronic communications (Penal Code § 653m). Making repeated or obscene electronic communications with the intent to annoy is a misdemeanor punishable by up to 6 months in county jail.
Revenge porn (Penal Code § 647(j)(4)). Distributing intimate images of another person without consent, with the intent to cause emotional distress, is a misdemeanor punishable by up to 6 months in county jail and a $1,000 fine. Penalties increase for repeat offenders and when the victim is a minor.
Federal cyberstalking (18 U.S.C. § 2261A). When the conduct crosses state lines (which most internet conduct does), federal prosecutors can pick up the case. Federal cyberstalking is a felony punishable by up to 5 years in federal prison, or longer if the conduct results in serious injury or death.
Common Examples of Conduct That Can Lead to Charges
People are often surprised at what counts. Examples that California prosecutors have charged as cyberstalking, online harassment, or related offenses:
- Repeated DMs, texts, or emails to someone who has asked you to stop
- Creating burner social media accounts to contact someone who blocked you
- Posting someone’s home address, phone number, or workplace online (“doxxing”)
- Spreading intimate images without consent
- Impersonating someone online by creating fake profiles
- Posting messages that suggest harm will come to the alleged victim
- Tagging someone in posts containing threats or harassment
- Posting threats against family members of the alleged victim
- Hacking into someone’s accounts to monitor or harass them
- Signing someone up for unwanted services using their personal information
The conduct does not have to be physically threatening. The legal question is whether a reasonable person would fear for their safety based on the totality of the conduct.
The First Amendment Defense
This is one of the most important and underused defenses in online speech cases. The First Amendment protects a great deal of speech that the alleged victim may find offensive, hostile, or even alarming.
PC § 646.9 itself excludes “constitutionally protected activity” from the definition of “course of conduct.” This means:
- Political speech is protected. Heated criticism of a public figure, even if it includes harsh personal attacks, is generally not stalking.
- Religious or ideological expression is protected, even when it offends or upsets the listener.
- Journalism and public commentary on matters of public concern is protected.
- Mere insults, even repeated ones, are not enough by themselves. The conduct must include a credible threat.
The leading case is People v. Falck (1997), which made clear that “annoying” speech is not the same as a “credible threat.” Many cyberstalking prosecutions overreach by treating offensive speech as if it were criminal threats. A skilled defense lawyer can argue that the conduct was constitutionally protected and should never have been charged.
Other Common Defenses
Beyond the First Amendment, several defenses commonly succeed in California cyberstalking cases:
No credible threat. The prosecution must prove a credible threat, not just unwelcome contact or rude messages. A vague comment, an offhand joke, or an emotional outburst often doesn’t meet the legal standard.
No course of conduct. The statute requires two or more acts evidencing continuity of purpose. A single message, even an angry one, generally cannot support a stalking charge.
No intent to cause fear. Specific intent is required. If you were venting, joking with friends, or trying to communicate with someone (even badly), and there’s no evidence you actually intended to cause fear, that’s a defense.
Mistaken identity. Anonymous accounts, shared devices, hacked accounts, and IP spoofing all create real questions about who actually sent the messages. If the prosecution can’t tie the conduct to you specifically, the case falls apart.
False allegations. Cyberstalking charges sometimes arise from contentious divorces, custody battles, business disputes, or breakups. The alleged victim may have a motive to exaggerate or fabricate.
Unlawful search of your phone or accounts. If police obtained the evidence by searching your phone, social media, or cloud accounts without a warrant or valid exception, the evidence may be subject to suppression. See our guide on when police can search your phone for more on this.
What to Do If You’re Being Investigated or Charged
If you suspect or know that you’re being investigated for cyberstalking or online harassment:
- Stop all contact immediately. Don’t message the alleged victim, don’t post about them, don’t mention them in any way online. Even an attempt to apologize can be charged as additional acts of stalking.
- Don’t delete anything. Deleting messages, posts, emails, or accounts can lead to obstruction of justice or destruction of evidence charges. Preserve everything.
- Don’t talk to police. Politely decline to be interviewed. Anything you say will be used against you. Invoke your rights: “I want a lawyer. I am not answering any questions.”
- Don’t post about the case. Anything you post online, even on private accounts, can be subpoenaed and used at trial.
- Document context. Save your version of the conversation in full. Screenshots that include only your messages without context are how many people get wrongly convicted. Preserve the full chain.
- Call a defense attorney immediately. Early intervention can sometimes prevent charges from being filed in the first place.
For a complete walkthrough of what to do after any criminal arrest, see our guide on your rights when arrested.
Frequently Asked Questions
Is cyberstalking a felony in California?
It can be either. Under Penal Code § 646.9, cyberstalking is a wobbler offense, meaning prosecutors can charge it as a misdemeanor (up to 1 year in county jail) or a felony (up to 5 years in state prison). The classification depends on whether a restraining order was in effect, your prior criminal record, and the severity of the alleged conduct.
Can I be charged with cyberstalking for sending angry messages?
It depends on the content, frequency, and intent. Simply being angry or rude is not a crime. To convict you of cyberstalking, the prosecution must prove that you made a credible threat, intended to cause fear, and engaged in a course of conduct (two or more acts). Heated speech alone, without a credible threat, generally doesn’t meet the standard.
What is the difference between cyberstalking and online harassment?
In California, “cyberstalking” specifically refers to stalking under PC § 646.9 carried out through electronic means. “Online harassment” is a broader term that covers several different statutes, including PC § 653.2 (cyber harassment), PC § 653m (annoying electronic communications), PC § 422 (criminal threats), and PC § 647(j)(4) (revenge porn). Conduct that doesn’t meet the threshold for PC § 646.9 stalking can still be charged under one of these related laws.
Can social media posts be used as evidence?
Yes. Direct messages, public posts, comments, likes, screenshots, account metadata, and platform records can all be subpoenaed and introduced in court. Even “deleted” content is often recoverable through the platform.
What if the alleged victim provoked the conduct?
Provocation is not a complete defense, but it can be relevant context. Mutual conflict, shared chat history, or evidence that the alleged victim initiated or escalated the exchange can weaken the prosecution’s claim that you intended to cause fear.
Can I be charged if I used an anonymous account?
Yes, if law enforcement can connect the account to you. Police use subpoenas to obtain IP records, device identifiers, and account registration information from platforms. Even VPNs and burner accounts often leave evidentiary trails.
Talk to a Los Angeles Criminal Defense Attorney Today
Online harassment and cyberstalking cases are some of the fastest-growing areas of California criminal law, and prosecutors are charging them more aggressively than ever. The conduct that supports these charges is often ambiguous: messages can be misread, jokes can be taken seriously, and emotional disputes can spiral into felony filings. According to the FBI’s Internet Crime Complaint Center (IC3), reported online harassment and threats continue to climb year over year, and California is one of the most active jurisdictions for these prosecutions.
If you’re facing accusations, the right defense strategy can mean the difference between a felony record with sex offender registration and a complete dismissal. The criminal defense attorneys at Manshoory Law Group know how to dissect digital evidence, challenge the prosecution’s interpretation of online conduct, and assert First Amendment defenses where they apply.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
Call 877-977-7750 today or contact us online to speak with an attorney.