South Australian Current Acts South Australian Current Acts248—Threats or reprisals relating to persons involved in criminal
investigations or judicial proceedings
(1) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
with the intention of inducing a person who is or may be involved in a
criminal investigation or judicial proceedings, to act or not to act in a way
that might influence the outcome of the investigation or proceedings, is
guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
on account of anything said or done by a person involved in a criminal
investigation or judicial proceedings in good faith in the conduct of the
investigation or proceedings, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) For the purposes
of this section, a person "stalks" another if the person does any of the
following, in a manner that could reasonably be expected to arouse the other
person's apprehension or fear:
(a)
follows the other person; or
(b)
loiters outside the place of residence of the other person or some other place
frequented by the other person; or
(c)
enters or interferes with property in the possession of the other person; or
(d)
gives or sends offensive material to the other person, or leaves offensive
material where it will be found by, given to or brought to the attention of
the other person; or
(e)
publishes or transmits offensive material by means of the Internet or some
other form of electronic communication in such a way that the offensive
material will be found by, or brought to the attention of, the other person;
or
(f)
communicates with the other person, or to others about the other person, by
way of mail, telephone (including associated technology), facsimile
transmission or the Internet or some other form of electronic communication;
or
(g)
keeps the other person under surveillance; or
(h) acts
in any other way.
(4) For the purposes
of this section—
(a) a
person is "involved in a criminal investigation" if the person is involved in
such an investigation as a witness, victim or legal practitioner or is
otherwise assisting a law enforcement body with its inquiries; and
(b) a
person is "involved in judicial proceedings" if the person is—
(i)
a judicial officer or other officer at
judicial proceedings; or
(ii)
involved in such proceedings as a witness, juror or legal
practitioner,
whether the proceedings are in progress or are proceedings that are to be or
may be instituted at a later time.