England and Wales

Stalking involving fear of violence or serious alarm or distress
4A
1
A person (“A”) whose course of conduct—
a
amounts to stalking, and
b
either—
i
causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or
ii
causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A's course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
2
For the purposes of this section A ought to know that A's course of conduct will cause B to fear that violence will be used against B on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause B so to fear on that occasion.
3
For the purposes of this section A ought to know that A's course of conduct will cause B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.
4
It is a defence for A to show that—
a
A's course of conduct was pursued for the purpose of preventing or detecting crime,
b
A's course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
c
the pursuit of A's course of conduct was reasonable for the protection of A or another or for the protection of A's or another's property.
5
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
b
on summary conviction, to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both.
6
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (5)(b) to twelve months is to be read as a reference to six months.
7
If on the trial on indictment of a person charged with an offence under this section the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under section 2 or 2A.
8
The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (7) convicted before it of an offence under section 2 or 2A as a magistrates' court would have on convicting the person of the offence.
9
This section is without prejudice to the generality of section 4.
S. 4A inserted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 111(2), 120 (with s. 97); S.I. 2012/2075, art. 5(a)