Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 359E

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.