Australia Every Australian state enacted laws prohibiting stalking during the 1990s, with Queensland being the first state to do so in 1994. The laws vary slightly from state to state, with Queensland's laws having the broadest scope, and South Australian laws the most restrictive. Punishments vary from a maximum of 10 years imprisonment in some states, to a fine for the lowest severity of stalking in others. Australian anti-stalking laws have some notable features. Unlike many US jurisdictions they do not require the victim to have felt fear or distress as a result of the behaviour, only that a reasonable person would have felt this way. In some states, the anti-stalking laws operate extra-territorially, meaning that an individual can be charged with stalking if either they or the victim are in the relevant state. Most Australian states provide the option of a
restraining order in cases of stalking, breach of which is punishable as a criminal offence. There has been relatively little research into Australian court outcomes in stalking cases, although Freckelton (2001) found that in the state of
Victoria, most stalkers received fines or community based dispositions.
Canada Section 264 of the
Criminal Code, titled "criminal harassment", addresses acts which are termed "stalking" in many other jurisdictions. The provisions of the section came into force in August 1993 with the intent of further strengthening laws protecting women. It is a
hybrid offence, which may be punishable upon
summary conviction or as an
indictable offence, the latter of which may carry a prison term of up to ten years. Section 264 has withstood
Charter challenges. The Chief, Policing Services Program, for Statistics Canada has stated:
China In China, simple stalking was treated as a kind of minor offence when it amounted to harassment, so stalkers were usually punished by a small fine or less than 10 days detention under the Public Security Administration Punishment Law. According to the Tort Liability Law, infringement of citizens' privacy shall be subject to tort liability. For stalkers to spy on, secretly photograph, eavesdrop on or spread the privacy of others, under Article 42 of the Public Security Administration Punishment Law clearly stipulates that they can be detained for not more than five days or fined not more than five hundred yuan, and if the circumstances are more serious, they can be detained for not less than five days and not more than ten days, and can be fined not more than five hundred yuan. Many cases across China have shown that ordinary people who have been stalked may still be unable to solve the problem after they seek help from the judicial authorities. In the case of Wuhu, Anhui in March 2018, the entangled woman repeatedly rescued the police to no avail and was eventually killed. In the in Laiyuan, Hebei in July of the same year, women and their families who had been stalked and harassed for a long time also helped the police repeatedly to no avail. It did not end until the opponent broke into the home with arms and was killed by victim's parents. In the social culture of mainland China, the "stalker" type of courtship is highly respected, that is, as the saying goes, "good women (martyrs) are afraid of stalkers". Literary works also publicly promote such behaviors, and stalking between opposite sexes is thus beautified as courtship. In real life, this type of behavior may even occur when the two parties do not know each other and the stalked person does not know in advance. Through online platforms and other social media, with the help of the convenience of online communication, individuals and institutions directly participate in, promote, and support various "courtship-style" tracing and stalking cases.
France Article 222–33–2 of the
French Criminal Code (added in 2002) penalizes "Moral harassment," which is: "Harassing another person by repeated conduct which is designed to or leads to a deterioration of his conditions of work liable to harm his rights and his dignity, to damage his physical or mental health or compromise his career prospects," with a year's imprisonment and a fine of EUR15,000.
Germany The
German Criminal Code (§ 238 StGB) penalizes
Nachstellung, defined as threatening or seeking proximity or remote contact with another person and thus heavily influencing their lives, with up to three years of imprisonment. The definition is not strict and allows "similar behaviour" to also be classified as stalking.
India In 2013, Indian Parliament made
amendments to the
Indian Penal Code, introducing stalking as a criminal offence. Stalking has been defined as a man following or contacting a woman, despite clear indication of disinterest by the woman, or monitoring her use of the Internet or electronic communication. A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.
Italy Following a series of high-profile incidents that came to public attention, a law was proposed in June 2008 which became effective in February 2009 (D.L. 23.02.2009 n. 11) making a criminal offence under the newly introduced art. 612 bis of the penal code, punishable with imprisonment ranging from six months up to five years, any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, , or others tied to the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits." If the perpetrator of the offense is a subject tied to the victim by kinship or that is or has been in the past involved in a relationship with the victim (i.e., a current or former spouse or
fiancé), or if the victim is a
pregnant woman or a
minor or a person with disabilities, the sanction can be elevated up to six years of incarceration.
Japan In 2000,
Japan enacted a national law to combat this behaviour, after the
murder of Shiori Ino. Acts of stalking can be viewed as "interfering [with] the
tranquility of others' lives" and are prohibited under
petty offence laws. However, stalking cases are increasing rather than decreasing, with more than 20,000 people reporting cases to the police in 2013, and civil society organisations estimate that these are only the tip of the iceberg; Japan has seen the highest growth in stalking cases in the world in recent years, and stalking has continued to turn into homicide. Many victims say that reporting to the police is ineffective, that the police treat it as a minor domestic dispute, that the process of filing a court order for protection can take months, and that some people have to hire private bodyguards.
Netherlands In the
Wetboek van Strafrecht, Article 285b defines the crime of
belaging (harassment), which is a term used for stalking. Article 285b: :1. One who unlawfully, systematically, and deliberately intrudes into someone's personal environment with the intention to force the other to act in a way, or to prevent one to act in a certain way or to induce fear, will be prosecuted for harassment, for which the maximal punishment is three years and a fine of the fourth monetary category. :2. The prosecution will only take place after a complaint of the person who is the victim of the crime.
Republic of Korea Until 2021, simple stalking was treated as a kind of minor offence when it amounted to harassment, so stalkers were usually punished by a small fine or less than 30 days detention under the Minor Offences Act. In April 2021, the National Assembly passed an act intended to address widespread stalking crimes and protect victims, which came into force on October 21 the same year. The act includes a provision that mandates the victim must approve of punishment for the stalker. A subsequent bill proposes to remove this provision to address situations where the victim may fear retribution from the stalker. South Korea's stalking laws were criticized for weaknesses and led to accusations the country does not treat violence against women seriously enough when a female subway worker in Seoul was stalked and stabbed to death in the subway restroom by her former colleague in September 2022. The stalker had been harassing the victim since 2019. In October 2022, the city of Seoul announced the opening of three shelters to house stalking victims and offer free counseling.
Romania Article 208 of the 2014 Criminal Code states:-
Russia In the
Criminal Code of the Russian Federation, such an independent corpus delicti as stalking is absent. However, lawyers argue that the persecution of a person in Russia can also be seriously fined. The victim of stalking only needs to use the articles that are already in the code. So, if the persecutor uses threats, then should refer to Article 119 of the Criminal Code of the Russian Federation "Threats of murder or causing grievous bodily harm". In this case, the offender is punished with compulsory labor for up to 480 hours or forced labor for up to 2 years. Also, the persecutor may face arrest for up to six months or imprisonment (restriction) of freedom for up to two years. "Violation of privacy" (Article 137 of the Criminal Code of the Russian Federation) can also be applied part of stalking. This crime manifests itself in the illegal collection of information about private life and its dissemination (including in public speeches and the media). For this, a criminal can receive a fine of up to 200 thousand rubles, go to compulsory work for up to 360 hours, and even be imprisoned for two years. In addition, persecutors often violate Article 138 of the Criminal Code of the Russian Federation Violation of the secrecy of correspondence, telephone conversations, postal, telegraph and other messages of citizens. The article provides for punishment ranging from a fine of 80 thousand rubles to correctional labor for up to one year. However, these are not all articles of the Criminal Code that can be applied to stalkers. As result, I.A. Yurchenko, author of Crimes Against Information Security, claims that victims of persecution, in the presence of appropriate circumstances, have the right to use Article 133 of the Criminal Code of the Russian Federation "Compulsion to Sexual Actions" (from a fine of 120 thousand rubles to imprisonment for up to one year), article 139 of the Criminal Code of the Russian Federation "Violation of the inviolability of the home" (from a fine in the amount of 40 thousand rubles to imprisonment for two to three years), article 163 of the Criminal Code of the Russian Federation Extortion (imprisonment up to seven years), article 167 of the Criminal Code of the Russian Federation Intentional destruction or damage to property (up to imprisonment in accordance with the gravity of the offense). Indeed, under the listed articles, many Russian stalkers were convicted. For example, a resident of Ufa, who forced his ex-girlfriend to resume relations by means of threats related to exposing her intimate photographs to the public, was found guilty under Articles 133 and 137 of the Criminal Code of the Russian Federation and sentenced to a fine of 70 thousand rubles. According to some lawyers, the punishment in such cases is not always commensurate with the crime committed, therefore they propose to include in the Criminal Code of Russia an article similar to § 238 of the Criminal Code of the Federal Republic of Germany, according to which a stalker pursuing a person faces up to 3 years in prison.
Taiwan In Taiwan, more than 7,000 cases are reported each year, nearly half of which have been repeatedly harassed for up to a year and a quarter for up to three years, with 80% of the victims being female. A survey conducted by the Modern Women's Foundation in 2014 showed that less than 10% of those who had been harassed would report it or file a complaint, and 12.4% of young female students were found to have been stalked during the interview; the foundation therefore promoted the legislation of the "Stalking Prevention Act". However, the draft has not been reviewed since its first reviewing in the Legislative in 2015. In 2019, the DPP blocked the third reading of the bill on the grounds that it would "increase police duties." It was only in 2021 that the Stalking Prevention Act was again discussed and passed by the Legislative Yuan due to the murder of women. During the legislative process, the DPP insisted that the definition of stalking be limited to "related to sex or gender". Under the Stalking and Harassment Prevention Act, anyone who conducts stalking and harassment may be sentenced to imprisonment of not more than one year or detention; in lieu thereof, or in addition thereto, a fine of not more than one hundred thousand New Taiwan Dollars may be imposed. Anyone who commits the crimes stated in the preceding paragraph with lethal weapons or other dangerous objects shall be sentenced to the imprisonment of not more than five years, or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than five hundred thousand New Taiwan Dollars may be imposed. Violators of a protection order issued by a court in accordance with Article 12, Paragraph 1, Subparagraphs 1 to 3 shall be sentenced to the imprisonment of not more than three years, or detention; in lieu thereof, or in addition thereto, a fine of not more than three hundred thousand New Taiwan Dollars may be imposed.
United Kingdom Before the enactment of the
Protection from Harassment Act 1997, the
Telecommunications Act 1984 criminalised indecent, offensive or threatening phone calls, and the
Malicious Communications Act 1988 criminalised the sending of an indecent, offensive or threatening letter, electronic communication, or other article to another person. Before 1997, no specific offence of stalking existed in England and Wales. However, in Scotland, incidents could be dealt with under pre-existing law, with life imprisonment available for the worst offences.
England and Wales In
England and Wales, "
harassment" was criminalised by the enactment of the Protection from Harassment Act 1997, which came into force on 16 June 1997. It makes it a criminal offence, punishable by up to six months' imprisonment, to make a course of conduct which amounts to harassment of another on two or more occasions. The court can also issue a restraining order, which carries a maximum punishment of five years' imprisonment if breached. In more serious cases of stalking, where it involves fear of violence or serious alarm and distress, the custodial sentence can be up to 10 years. In
England and Wales, liability may arise if the victim suffers either mental or physical harm as a result of being harassed (or slang term stalked) (see
R. v. Constanza). In 2012, then-Prime Minister
David Cameron stated that the government intended to make another attempt to create a law aimed specifically at stalking behaviour. In May 2012, the
Protection of Freedoms Act 2012 created the offence of stalking for the first time in England and Wales, by inserting these offences into the
Protection from Harassment Act 1997. The act of stalking under this section is exemplified by contacting, or attempting to contact, a person by any means, publishing any statement or other material relating or purporting to relate to a person, monitoring the use by a person of the Internet, email, or any other form of electronic communication, loitering in any place (whether public or private), interfering with any property in the possession of a person, or watching or spying on a person. The Protection of Freedoms Act 2012 also added Section 4(a) into the Protection From Harassment Act 1997 which covered 'Stalking involving fear of violence or serious alarm or distress'. This created the offence of where a person's conduct amounts to stalking and either causes another to fear (on at least two occasions) that violence will be used against them, or conduct that causes another person serious alarm or distress which has a substantial effect on their usual day-to-day activities.
Scotland In
Scotland, behaviour commonly described as stalking was already prosecuted as the common law offence of
breach of the peace (not to be confused with the minor English offence of the same description) before the introduction of the statutory offence against s.39 of the
Criminal Justice and Licensing (Scotland) Act 2010; either course can still be taken depending on the circumstances of each case. The statutory offence incurs a penalty of twelve months imprisonment or a fine upon summary conviction, or a maximum of five years' imprisonment or a fine upon conviction on indictment; penalties for conviction for breach of the peace are limited only by the sentencing powers of the court, thus a case remitted to the
High Court can carry a sentence of imprisonment for life. Provision is made under the Protection from Harassment Act against stalking to deal with the civil offence (i.e. the interference with the victim's personal rights), falling under the law of
delict. Victims of stalking may sue for
interdict against an alleged stalker, or a non-harassment order, breach of which is an offence.
United States infographic video from the
Centers for Disease Control and Prevention about stalking California was the first state to criminalize stalking in the United States in 1990 as a result of numerous high-profile stalking cases in California, including the 1982 attempted murder of actress
Theresa Saldana, the 1988 massacre by
Richard Farley, the 1989 murder of actress
Rebecca Schaeffer, and five
Orange County stalking murders, also in 1989. The first anti-stalking law in the United States, California Penal Code Section 646.9, was developed and proposed by Municipal Court Judge John Watson of Orange County. Watson with U.S. Representative
Ed Royce introduced the law in 1990. Also in 1990, the
Los Angeles Police Department (LAPD) founded the United States' first
Threat Management Unit, founded by
LAPD Captain Robert Martin. Within three years The DPPA prohibits states from disclosing a driver's personal information without permission by State
Department of Motor Vehicles (DMV). The
Violence Against Women Act of 2005, amending a United States statute, 108 Stat. 1902 et seq, defined stalking as: As of 2011, stalking is an offense under section 120a of the
Uniform Code of Military Justice (UCMJ). The law took effect on 1 October 2007. In 2014, new amendments were made to the
Clery Act to require reporting on stalking, domestic violence, and dating violence. In 2018, the PAWS Act became law in the United States, and it expanded the definition of stalking to include "conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet". The anti-stalking statute of Illinois is controversial. It is particularly restrictive, by the standards of this type of legislation.
Other The
Council of Europe Convention on preventing and combating violence against women and domestic violence defines and criminalizes stalking, as well as other forms of violence against women. The Convention came into force on 1 August 2014. ==See also==