Stalking
21A Stalking
S. 21A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 14), substituted by No. 1/2026 s. 67(1).
A person (A) commits an offence if—
A engages in a course of conduct in relation to another person (B); and
the course of conduct includes any conduct specified in subsection (2); and
either—
A intends that the course of conduct will cause a result described in subsection (3) or believes that the course of conduct will probably cause such a result; or
A ought to understand, in all the particular circumstances, that the course of conduct will probably cause a result described in subsection (3) and the course of conduct does cause such a result.
S. 21A(1A) inserted by No. 1/2026 s. 67(1).
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
S. 21A(1B) inserted by No. 1/2026 s. 67(1).
For the purposes of subsection (1)(a), A engages in a course of conduct in relation to B if—
either—
A engages in conduct on more than one occasion; or
A engages in conduct that is protracted; and
the conduct shows a continuity of purpose in relation to B.
S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3), 1/2026 s. 67(2)(a)(g).
For the purposes of subsection (1)(b), the following are specified—
S. 21A(2)(a) amended by No. 1/2026 s. 67(2)(b).
following B or any other person;
S. 21A(2)(b) substituted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
contacting B 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).
publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material—
S. 21A (2)(ba)(i) amended by No. 1/2026 s. 67(2)(b).
relating to B or any other person; or
S. 21A (2)(ba)(ii) amended by No. 1/2026 s. 67(2)(b).
purporting to relate to, or to originate from, B or any other person;
S. 21A(2)(bb) inserted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by B or any other person;
S. 21A(2)(bc) inserted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(c).
tracing B's or any other person's use of the Internet or of e-mail or other electronic communications;
S. 21A(2)(c) amended by No. 1/2026 s. 67(2)(b)(c).
entering or loitering outside or near B's or any other person's place of residence or of business or any other place frequented by B or the other person;
S. 21A(2)(d) amended by No. 1/2026 s. 67(2)(c)(d).
interfering with property in B's or any other person's possession (whether or not A has an interest in the property);
S. 21A(2)(da) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
making threats to B;
S. 21A(2)(dab) inserted by No. 1/2026 s. 67(2)(e).
causing or threatening to cause harm to any animal—
while in the presence of B or any other person; or
in circumstances where the harm or the threat of harm will be discovered by or brought to the attention of B or any other person;
S. 21A(2)(db) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
using abusive or offensive words to or in the presence of B;
S. 21A(2)(dc) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
performing abusive or offensive acts in the presence of B;
S. 21A(2)(dd) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).
directing abusive or offensive acts towards B;
S. 21A(2)(e) amended by No. 1/2026 s. 67(2)(b).
giving offensive material to B or any other person or leaving it where it will be found by, given to or brought to the attention of, B or the other person;
S. 21A(2)(f) amended by No. 1/2026 s. 67(2)(b).
keeping B or any other person under surveillance;
S. 21A(2)(g) substituted by No. 20/2011 s. 3(2).
acting in any other way that could reasonably be expected—
S. 21A(2)(g)(i) amended by No. 1/2026 s. 67(2)(b).
to cause physical or mental harm to B, including self-harm; or
S. 21A(2)(g)(ii) amended by No. 1/2026 s. 67(2)(b)(f).
to arouse apprehension or fear in B for B's own safety or that of any other person.
S. 21A(3) substituted by No. 105/2003 s. 4(2), amended by No. 20/2011 s. 3(4), substituted by No. 1/2026 s. 67(3).
Each of the following is a result for the purposes of subsection (1)(c)—
physical or mental harm to B, including self-harm;
apprehension or fear in B for B's own safety or that of any other person.
This section does not apply to conduct engaged in by a person performing official duties for the purpose of—
the enforcement of the criminal law; or
the administration of any Act; or
the enforcement of a law imposing a pecuniary penalty; or
the execution of a warrant; or
the protection of the public revenue—
that, but for this subsection, would constitute an offence against subsection (1).
S. 21A(4A) inserted by No. 105/2003 s. 3(2).
In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that the course of conduct was engaged in without malice—
in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or
for the purpose of an industrial dispute; or
for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.
S. 21A(5) repealed by No. 68/2008 s. 69(1).
* * * * *
S. 21A(5A) inserted by No. 52/2008 s. 242, repealed by No. 68/2008 s. 69(1).
* * * * *
S. 21A(6) inserted by No. 105/2003 s. 5, amended by No. 1/2026 s. 67(4).
It is immaterial that some or all of the course of conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B was in Victoria at the time at which that conduct occurred.
S. 21A(7) inserted by No. 105/2003 s. 5, amended by No. 1/2026 s. 67(4).
It is immaterial that B was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria.
S. 21A(8) inserted by No. 20/2011 s. 3(5).
In this section—
mental harm includes—
psychological harm; and
suicidal thoughts.
Note to s. 21A inserted by No. 68/2008 s. 69(2), substituted by No. 53/2010 s. 221(Sch. item 4).
Note
The Personal Safety Intervention Orders Act 2010 provides that the Court within the meaning of that Act may make a personal safety intervention order in respect of stalking.
S. 22 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14).
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.