What is the Law in California for Stalking- California Civil Jury Instruction CACI 1808
California Law
CA Civil Jury Instructions
CACI 1808 - Stalking
As of September 1, 2010
California Civil Jury Instruction CACI 1808
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;
(c) [or]
(c) 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.
