In the age of the internet revolution, fans have direct access to celebrities and more importantly, their daily whereabouts. The Kardashian family in many ways is the United States example of the royal family constantly plastered across every tabloid in the news. Recently, the Kardashian clan has been in the spotlight for a variety of security reasons, including Kendall Jenner’s stalker situation. In August of 2016, Kendall Jenner, the up and coming runway model, was recently followed by a man to her personal residence which caused her to tremendously fear for her personal safety. The individual was convicted of trespassing onto Kendall Jenner’s property, however was not convicted for stalking, the more serious of the offenses.
Trespassing is the physical invasion onto another’s personal property. A trespass is committed when one enters upon the land or property of another without the consent, either express or implied, of the owner or occupier thereof. Specifically, a plaintiff can establish this cause of action if 1) an unlawful intrusion or invasion upon a property, 2) with the intent to enter the personal property, 3) with force and, 4) injury to the owner results.
On the other hand, California’s stalking laws, considered among the toughest and most comprehensive in the nation, are defined in Penal Code 646.9. Specifically, stalking is the 1) repeated 2) following, harassing, and or threatening, 3) of another person 4) where that individual fears for his or her safety, or the safety of his or her family. Some recent California case examples of convicted stalkers include a disgruntled man sending frequent emails to an ex-girlfriend threatening to make her life “a living hell,” or one man following an individual home from work or the gym to their personal residence.
Based on the facts surrounding Ms. Jenner’s case, it is surprising to see the man “following” Ms. Jenner not convicted of stalking. Rather, although Ms. Jenner describes the August events as petrifying, including Ms. Jenner staying with neighbors because she did not feel safe at her own home, the defendant was only found guilty of trespassing on Kendall Jenner’s property. This comes right after sister Kim Kardashian was robbed at gunpoint at her residence in Paris. Since our legal system moves slightly slower than Kendall on the runway, only time will tell if her legal representatives will be able to appeal the rendered verdict.
-Mike Falsafi
Senior Vice-Preisdent of Business Affairs – Lipton Legal Group, A PC – Beverly Hills, CA
See our inspiration for this story at TMZ: http://www.tmz.com/2016/10/24/kendall-jenner-stalker-trial-not-guilty/