England and Wales

4AF1Stalking involving fear of violence or serious alarm or distress

1

A person (“A”) whose course of conduct—

a

amounts to stalking, and

b

either—

i

causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or

ii

causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities,

is guilty of an offence if A knows or ought to know that A's course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.

2

For the purposes of this section A ought to know that A's course of conduct will cause B to fear that violence will be used against B on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.

3

For the purposes of this section A ought to know that A's course of conduct will cause B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.

4

It is a defence for A to show that—

a

A's course of conduct was pursued for the purpose of preventing or detecting crime,

b

A's course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

c

the pursuit of A's course of conduct was reasonable for the protection of A or another or for the protection of A's or another's property.

5

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding F2ten years, or a fine, or both, or

b

on summary conviction, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both.

6

In relation to an offence committed before F32 May 2022, the reference in subsection (5)(b) to F5the general limit in a magistrates’ court is to be read as a reference to six months.

7

If on the trial on indictment of a person charged with an offence under this section the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under section 2 or 2A.

8

The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (7) convicted before it of an offence under section 2 or 2A as a magistrates' court would have on convicting the person of the offence.

9

This section is without prejudice to the generality of section 4.