England and Wales

2AF1Offence of stalking

1

A person is guilty of an offence if—

a

the person pursues a course of conduct in breach of section 1(1), and

b

the course of conduct amounts to stalking.

2

For the purposes of subsection (1)(b) (and section 4A(1)(a)) a person's course of conduct amounts to stalking of another person if—

a

it amounts to harassment of that person,

b

the acts or omissions involved are ones associated with stalking, and

c

the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.

3

The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—

a

following a person,

b

contacting, or attempting to contact, a person by any means,

c

publishing any statement or other material—

i

relating or purporting to relate to a person, or

ii

purporting to originate from a person,

d

monitoring the use by a person of the internet, email or any other form of electronic communication,

e

loitering in any place (whether public or private),

f

interfering with any property in the possession of a person,

g

watching or spying on a person.

4

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale, or both.

5

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to six months.

6

This section is without prejudice to the generality of section 2.