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.