AB 1356 Summary

• Expands the civil tort of stalking to include conduct intended to place someone under surveillance, in addition to conduct intended to follow, alarm, or harass.

• Allows plaintiffs to establish stalking liability by proving either reasonable fear for safety or substantial emotional distress (along with a showing that a reasonable person would suffer such distress).

• Changes the credible threat element to require either intent to place someone in reasonable fear for safety or reckless disregard for their safety, and eliminates the requirement to demand cessation of conduct when exigent circumstances make such communication impractical or unsafe.

• Defines key terms including "follows," "place under surveillance," "substantial emotional distress," "credible threat," and "harass" for purposes of stalking liability.

• Provides civil remedies including damages (general, special, and punitive) and equitable relief such as injunctions for victims of stalking.