(1)A person is guilty of an offence if—
(a)the person pursues a course of conduct in breach of section 1(1), and
(b)the course of conduct amounts to stalking.
(2)For the purposes of subsection (1)(b) (and section 4A(1)(a)) a person's course of conduct amounts to stalking of another person if—
(a)it amounts to harassment of that person,
(b)the acts or omissions involved are ones associated with stalking, and
(c)the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.
(3)The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—
(a)following a person,
(b)contacting, or attempting to contact, a person by any means,
(c)publishing any statement or other material—
(i)relating or purporting to relate to a person, or
(ii)purporting to originate from a person,
(d)monitoring the use by a person of the internet, email or any other form of electronic communication,
(e)loitering in any place (whether public or private),
(f)interfering with any property in the possession of a person,
(g)watching or spying on a person.
(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale, or both.
(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to six months.
(6)This section is without prejudice to the generality of section 2.]
Textual Amendments
F1S. 2A inserted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 111(1), 120 (with s. 97); S.I. 2012/2075, art. 5(a)