Stalking, under California law, will be charged as a domestic violence offense when an individual follows or harasses and threatens his or her intimate partner, intending to place that partner in fear. A gay, lesbian, bisexual or transgender intimate partner is one’s partner or former partner in a civil union, the person with whom one lives or lived, the person with whom one has children or the person whom one is or was dating. When prosecuted as a domestic abuse crime, a defendant convicted of stalking his or her intimate partner faces up to one year in county jail and up to a $1,000 fine if charged as a misdemeanor or up to one year in the state prison if charged as a felony. Under either scenario, a stalking conviction carries many additional penalties as well, perhaps the most devastating being the requirement that the defendant must register as a sex offender.

Sex offender registration, in accordance with California’s Penal Code Section 290, is a mandatory penalty for persons convicted of specific crimes. However, the law allows a court a certain amount of discretion in deciding whether or not to impose this penalty upon individuals who are convicted of selected crimes, including intimate partner stalking. If, at the time of conviction or at the time of sentencing, the court determines that the defendant committed his or her offense as the result of sexual compulsion or for the purpose of sexual gratification, it may require the defendant to register as a sex offender, so long as it states its reason for doing so.

Registration as a sex offender, in California, is for life while going to school in this state, while working in this state or while living in this state. At the time of registration, and in addition to any fines that were imposed in the D.V. stalking case, the defendant must pay $200 for a first conviction or $300 for a second or subsequent conviction that will be paid to a Department of Justice general fund.

Pursuant to Penal Code Section 290, registration requires the defendant to personally register his or her primary address and any other addresses where he or she frequently resides with his or her local law enforcement agency within five days of the court’s order and includes registering with the campus police if he or she attends a college or university. An individual who resides in another state but who is employed in California must register in the same way within the same timeframe if he or she is a registered sex offender in the state in which he or she lives. If the defendant moves or changes his or her name, the change must immediately be reported to the new local law enforcement agency. Moving may also require an individual to register as a sex offender in the new state to which he or she has moved. If the accused fails to comply with any of these requirements within the specified timeframes, he or she will face an additional misdemeanor criminal charge if the stalking charge was filed as a misdemeanor or will face an additional felony charge if the stalking charge was prosecuted as a felony.

When an individual has been accused of stalking his or her intimate partner, it is imperative that he or she hires a California domestic violence lawyer who has experience with intimate partner abuse and all of the defenses and penalties that coincide with this special area of the law, in order to obtain the most qualified attorney possible. The GLBT supportive attorneys at the Kavinoky Law Firm, with law offices in Los Angeles and throughout California, specialize in DV crimes know what it takes to win. They pride themselves on their exceptional reputation for success and on exceeding client expectations. Their outstanding legal advice is only a phone call or click away, so contact them today for a free consultation and for unrivaled representation.