What constitutes stalking under the new Penal Code amendment?

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Stalking Defined by Repeated Harassment Causing Distress or Fear

Under the proposed amendments to the Penal Code, specifically the insertion of new section 507a into Act 574, a person is considered to have committed stalking if they repeatedly engage in acts of harassment. These actions must either be intended to cause, or be known or ought to be known to cause, distress, fear, or alarm to any person concerning their safety. This definition broadens the scope of criminal behaviour beyond physical harm to encompass repeated actions that inflict significant psychological impact on the victim.
Repeated Acts of Harassment Form the Basis of the Offence

The core of the new stalking definition lies in the repetition of harassing acts. It is not a single incident, but a pattern of behaviour that constitutes the crime. The amendment specifies that these repeated actions are directed towards causing a specific outcome: distress, fear, or alarm. This implies that the perpetrator's intent or their awareness of the likely impact on the victim is a crucial element in establishing the offense.
The Impact on the Victim's Safety is Key

A critical component of the stalking definition is the impact on the victim's sense of safety. The amendment states that the harassment must cause, or be known to cause, distress, fear, or alarm "with regard to their safety." This highlights that the psychological disturbance experienced by the victim is directly linked to their perception of security. For instance, the example provided in the legislative discussions involves persistent unwanted contact through various social media accounts, even after changing phone numbers, which demonstrably creates a sustained sense of unease and lack of safety for the individual being targeted.
Penalties for Stalking Offenses

Individuals found guilty of committing the offense of stalking under the new section 507a of Act 574 will face significant penalties. The amendment stipulates that such offenders shall be liable to imprisonment for a term of up to three years, or be subject to a fine, or both. This punitive measure underscores the seriousness with which the legislature views the crime of stalking and its detrimental effects on individuals.

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What constitutes stalking under the new Penal Code amendment?

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