To prove that the defendant is guilty of stalking, the People
must prove that:
☐ The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;
AND
☐ The defendant made a credible threat with the intent to place the other person in reasonable fear for (his/her) safety [or for the safety of (his/her) immediate family](;/.)
AND
☐ A/An (temporary restraining order/injunction/) prohibiting the defendant
from engaging in this conduct against the threatened person was in effect at the time of the conduct(;/.)]
AND
☐ The defendant’s conduct was not constitutionally protected.]
A credible threat is one that causes the target of the threat to
reasonably fear for his or her safety [or for the safety of his or
her immediate family] and one that the maker of the threat
appears to be able to carry out.
A credible threat may be made orally, in writing, or electronically
or may be implied by a pattern of conduct or a combination of
statements and conduct.
Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.
A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a
continuous purpose.