Court Should Decide Whether Defendant’s Conduct Is Constitutionally Protected
March 30th, 2014


On April 23, 2010, CC 1301 was revised to delete element 4 which required the prosecution to prove that “The defendant’s course of conduct was not constitutionally protected.” According to the CC Committee,“whether conduct is constitutionally protected is not an issue for the jury to decide.” CC 1301 was further revised to instruct the jurors that “A person is not guilty of stalking if (his/her) conduct is constitutionally protected activity,“ and to allow the court to fill in what type of activity constitutes “constitutionally protected activity.”

Tags: ,