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CRIMINAL CODE 1899 - SECT 359E
Punishment of unlawful stalking, intimidation, harassment or abuse
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
Penalties and Sentences Act 1992 , section 161Q also states a circumstance of
aggravation for an offence against this section.
(7) 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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