Since 1990, prosecutors have learned that in order to effectively protect victims, antistalking laws must be broad in scope, carry substantial penalties, and pass constitutional muster. Convicted stalkers have repeatedly attacked the law as unconstitutional. All such challenges have failed. However, the California legislature has clarified and strengthened the antistalking law through a series of revisions over the past eight years.s Today, the antis talking law is broad in scope and has repeatedly passed constitutional scrutiny. However, the level of intent that the antistalking statute currently requires could pose problems for prosecutors by allowing accused stalkers to escape liability by asserting a defense of lack of specific intent. The law is therefore in need of revision.
Christine B. Gregson,
California's Antistalking Statute: The Pivotal Role of Intent, 28 Golden Gate U. L. Rev.