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CRIMINAL CODE 1899 - SECT 359E
Punishment of unlawful stalking
359E Punishment of unlawful stalking
(1) A person who unlawfully stalks another person is guilty of a crime.
(2) A
person who commits the crime of unlawful stalking 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, 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
10 years if any of the acts constituting the unlawful stalking are done when
or because the stalked person is a law enforcement officer investigating the
activities of a criminal organisation.
(5) The
Penalties and Sentences Act 1992 , section 161Q also states a circumstance of
aggravation for an offence against this section.
(6) 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.
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