The offence of intimidation or stalking is contained in section 13 of the Crimes (Domestic and Personal Violence) Act 2007. It reads as follows:
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
In NSW, the offence of intimidation or stalking carries a maximum penalty of 5 years imprisonment and/or a fine of $5,500.
According to the act, intimidation is defined as being one of the following:
- Harassment or molestation
- Contact that causes the recipient to fear for his or her safety
- Conduct that causes the recipient to fear for their safety or the safety of their family or partner
Further, stalking is defined to include following a person, or approaching or attending a person’s home or place of work, or any other place they attend regularly.
In light of these definitions, actions that might constitute intimidation or stalking include:
- Constantly calling, emailing or messaging someone
- Making a threat to a person or their family
- Repeatedly attending a person’s home or work
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