2AOffence 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.

4AStalking 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 five years, or a fine, or both, or

b

on summary conviction, to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both.

6

In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (5)(b) to twelve months 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.