Understanding Stalking Charges in Australia
Stalking is a serious crime in Australia and can have serious consequences for the accused. At Bazzi Law we understand the complexity of stalking cases and can help those charged with such offences.
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Understanding Stalking Charges in Australia
Stalking is a persistent course of conduct to maintain contact with or exercise power and control over another person, to cause distress, fear or harassment. This can take many forms including:
- Following or watching a person
- Approaching a person’s home, workplace or frequent places
- Monitoring or tracking a person’s activities or communications
- Repeatedly contacting or sending unwanted items to a person
Unlawful stalking is a significant offence under Queensland law. The Criminal Code Act 1899 defines various stalking behaviors, outlining what constitutes unlawful stalking and the penalties involved.
Definition of Stalking
Stalking is a serious offence in Queensland, defined as intentionally engaging in a “course of conduct” that causes physical or mental harm to another person or arouses apprehension or fear in the victim for their own safety or that of any other person. This definition encompasses a wide range of behaviours, including following, contacting, or publishing material about the victim. The key element is the impact on the victim, whether it leads to physical or mental harm or causes them to fear for their own safety or that of others. Understanding this broad definition is crucial, as it highlights the various ways stalking can manifest and the serious consequences it can have on the victim’s well-being.
Cyberstalking and Online Harassment
Cyberstalking and online harassment are increasingly common forms of stalking behaviour. These can include:
- Sending threatening or harassing messages or emails
- Posting offensive or threatening material about the victim online
- Using social media to track or monitor the victim’s activities
- Hacking into the victim’s computer or online accounts
- Using other forms of technology to stalk or harass the victim
These forms of stalking can be particularly damaging, as they can be difficult to escape and can cause significant emotional distress. The anonymity and reach of the internet can make victims feel constantly watched and unsafe, exacerbating the mental harm inflicted. It’s important to recognise that cyberstalking is treated with the same seriousness as physical stalking under Australian law, and those found guilty can face severe penalties.
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Unlawful Stalking Penalties in Queensland
Unlawful stalking, intimidation, harassment or abuse is treated as a serious offence with serious penalties. In Queensland, this offence carries a maximum penalty of between five and ten years imprisonment, depending on the circumstances.
A stalking offence carries significant legal implications, including potential impacts on criminal history checks and varying punishments based on the severity of the actions.
These penalties are serious so if you’re facing stalking charges, get expert legal help to understand the potential consequences of causing such harm.

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View more InsightsFrequently asked questions
Can I be charged with stalking if it only happened once?
In some cases one single incident can be considered stalking, if the single incident is protracted. The key is whether the behaviour caused fear or distress to the alleged victim.
What if I didn’t mean to cause fear?
Intent to cause fear isn’t always necessary for a stalking charge. It is only necessary that the prosecuting authority prove that the conduct (not the effect) was intentional. The impact of the conduct on the alleged victim is often considered regardless of an accused’s intentions.
Can stalking be online?
Yes, cyberstalking or online harassment can be considered stalking under Australian law. This can include persistent unwanted contact through social media, email or other online platforms.