California Civil Jury Instructions (CACI)
1808. Stalking (Civ. Code, § 1708.7)
[Name of plaintiff] claims that [name of defendant] violated [his/her] right to privacy. To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] engaged in a pattern of conduct with the intent to [follow/alarm/harass] [name of plaintiff]. The pattern of conduct must be supported by evidence in addition to [name of plaintiff]’s testimony;
2. That as a result of this conduct [name of plaintiff] reasonably feared for [his/her] own safety [or for the safety of an immediate family member]; and
3. (a) That, as part of the pattern of conduct, [name of defendant] made a believable threat with the intent to place [name of plaintiff] in reasonable fear for [his/her] safety [or the safety of an immediate family member]; and
(b) That [name of plaintiff] clearly demanded at least once that [name of defendant] stop; and
(c) That [name of defendant] persisted in [his/her] pattern of conduct;
That [name of defendant] violated a restraining order prohibiting the pattern of conduct;
4. That [name of plaintiff] was harmed; and
5. That [name of defendant]’s conduct was a substantial factor in causing [name of plaintiff]’s harm.
[“Harass” means a knowing and willful course of conduct directed at [name of plaintiff] that seriously alarms, annoys, torments, or terrorizes [him/her], 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 [name of plaintiff]].
A “pattern of conduct” means a series of words or actions over a period of time, however short, that reflects an ongoing purpose.
Sources and Authority
- Civil Code section 1708.7 provides:
(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 the plaintiff. 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.
5 Witkin, Summary of California Law (10th ed. 2005) Torts, § 662
6 California Forms of Pleading and Practice, Ch. 58, Assault and Battery, § 58.28 (Matthew Bender)
2 California Points and Authorities, Ch. 21, Assault and Battery, § 21.28 (Matthew Bender)