Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 359B

359B unlawful stalking, intimidation, harassment or abuse

"Unlawful stalking, intimidation, harassment or abuse" is conduct—

(a) intentionally directed at a person (the
"stalked person" ); and

(b) engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and

(c) consisting of 1 or more acts of the following, or a similar, type—

(i) following, loitering near, watching or approaching a person;

(ii) contacting a person in any way, including, for example, using any technology and over any distance;

Example—

by telephone, mail, fax, SMS message, email, an app on a computer, smart phone or other electronic device, or an online social network

(iii) loitering near, watching, approaching or entering a place where a person lives, works or visits;

(iv) monitoring, tracking or surveilling a person’s movements, activities or interpersonal associations without the person’s consent, including, for example, using technology;

Example—

• using a tracking device or drone to track a person’s movements

• checking the recorded history in a person’s digital device

• reading a person’s SMS messages

• monitoring a person’s email account or internet browser history

• monitoring a person’s account with a social media platform or online social network

(v) leaving offensive material where it will be found by, given to or brought to the attention of, a person;

(vi) publishing offensive material on a website, social media platform or online social network in a way that will be found by, or brought to the attention of, a person;

(vii) giving offensive material to a person, directly or indirectly, including by using a website, social media platform or online social network;

(viii) an intimidating, harassing, threatening, humiliating or abusive act against a person, whether or not involving violence or a threat of violence;

Example—

publishing a person’s personal information, including, for example, the person’s home address or phone number, on a website

(ix) an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and

(d) that—

(i) would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or

(ii) causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.