Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 359E

359E Punishment of unlawful stalking, intimidation, harassment or abuse

(1) A person who unlawfully stalks, intimidates, harasses or abuses another person is guilty of a crime.

(2) A person who commits the crime of unlawful stalking, intimidation, harassment or abuse is liable to a maximum penalty of imprisonment for 5 years.

(3) However, a person is liable to a maximum penalty of imprisonment for 7 years if, for any of the acts constituting the unlawful stalking, intimidation, harassment or abuse, the person—

(a) uses or intentionally threatens to use, violence against anyone or anyone’s property; or

(b) possesses a weapon within the meaning of the Weapons Act 1990 ; or

(c) contravenes or intentionally threatens to contravene an injunction or order imposed or made by a court or tribunal under a law of the Commonwealth or a State.

(4) Also, a person is liable to a maximum penalty of imprisonment for 7 years if a domestic relationship exists between the person and the stalked person.

(5) Further, a person is liable to a maximum penalty of imprisonment for 10 years if any of the acts constituting the unlawful stalking, intimidation, harassment or abuse are done when or because the stalked person is a law enforcement officer investigating the activities of a criminal organisation.

(6) The following provisions also state a circumstance of aggravation for an offence against this section—

(a) section 52B ;

(b) the Penalties and Sentences Act 1992 , section 161Q .

(7) If the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable to imprisonment for 7 years.

(8) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.