Crimes Act 1958
21AStalking
Start here
Get a plain-English read of 21A
Turn the raw legal text into a practical explanation grounded in Crimes Act 1958.
21A Stalking
S. 21A(1) amended by No. 48/1997
(1) A person must not stalk another person.
S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3).
(2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following—
(a) following the victim or any other person;
S. 21A(2)(b) substituted by No. 105/2003 s. 3(1).
(b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;
S. 21A(2)(ba) inserted by No. 105/2003 s. 3(1).
(ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material—
(i) relating to the victim or any other person; or
(ii) purporting to relate to, or to originate from, the victim or any other person;
S. 21A(2)(bb) inserted by No. 105/2003 s. 3(1).
(bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;
S. 21A(2)(bc) inserted by No. 105/2003 s. 3(1).
(bc) tracing the victim's or any other person's use of the Internet or of e-mail or other electronic communications;
(c) entering or loitering outside or near the victim's or any other person's place of residence or of business or any other place frequented by the victim or the other person;
(d) interfering with property in the victim's or any other person's possession (whether or not the offender has an interest in the property);
S. 21A(2)(da) inserted by No. 20/2011 s. 3(1).
(da) making threats to the victim;
S. 21A(2)(db) inserted by No. 20/2011 s. 3(1).
(db) using abusive or offensive words to or in the presence of the victim;
S. 21A(2)(dc) inserted by No. 20/2011 s. 3(1).
(dc) performing abusive or offensive acts in the presence of the victim;
S. 21A(2)(dd) inserted by No. 20/2011 s. 3(1).
(dd) directing abusive or offensive acts towards the victim;
(e) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person;
(f) keeping the victim or any other person under surveillance;
S. 21A(2)(g) substituted by No. 20/2011 s. 3(2).
(g) acting in any other way that could reasonably be expected—