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California Civil Code Section 1708.7
1708 .7. Stalking; tort action; damages
and equitable
(a) A person is liable for the tort of stalking when the plaintiff proves all
of the following elements of the tort:
(1) The defendant engaged in a pattern of conduct the intent of which was to
follow, alarm, or harass theplaintiff. In order to establish this element, the
plaintiff shall be required to support his or her allegations with independent
corroborating evidence.
(2) As a result of that pattern of conduct, the plaintiff reasonably feared
for his or her safety, or the safety of an immediate family member. For purposes
of this paragraph, "immediate family" means a spouse, parent, child, any person
related by consanguinity or affinity within the second degree, or any person who
regularly resides, or, within the six months preceding any portion of the
pattern of conduct, regularly resided, in the plaintiff's household.
(3) One of the following:
(A) The defendant, as a part of the pattern of conduct specified in paragraph
(1), made a credible threat with the intent to place the plaintiff in reasonable
fear for his or her safety, or the safety of an immediate family member and, on
at least one occasion, the plaintiff clearly and definitively demanded that the
defendant cease and abate his or her pattern of conduct and the defendant
persisted in his or her pattern of conduct.
(B) The defendant violated a restraining order, including, but not limited
to, any order issued pursuant to Section 527.6 of the
Code of
Civil Procedure, prohibiting any
act described in subdivision (a). (b)For the purposes of this section:
(1) "Pattern of conduct" means conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning of
"pattern of conduct."
(2) "Credible threat" means a verbal or written threat, including that
communicated by means of an electronic communication device, 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 and 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
immediate family.
(3)"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax machines, or
pagers. "Electronic communication" has the same meaning as the term defined in
Subsection 12 of Section 2510 of Title 18 of the United States
Code.
(4) "Harass" means a knowing and willful course of conduct directed at a
specific person which seriously alarms, annoys, torments, or terrorizes the
person, and which serves no legitimate purpose. The course of conduct must be
such as would cause a reasonable person to suffer substantial emotional
distress, and must actually cause substantial emotional distress to the person.
(c) A person who commits the tort of stalking upon another is liable to that
person for damages, including, but not limited to, general damages, special
damages, and punitive damages pursuant to Section 3294.
(d) In an action pursuant to this section, the court may grant equitable
relief, including, but not limited to,an injunction.
(e) The rights and remedies provided in this section are cumulative and in
addition to any other rights and remedies provided by law.
(f) This section shall not be construed to impair any constitutionally
protected activity, including, but not limited to, speech, protest, and
assembly.
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