Is intimidation a crime?

Intimidation is classed as conduct that amounts to harassment or molestation of the person under Crimes (Domestic & Personal) Violence Act 2007, section 7. Intimidation can be in person or by any other means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or a reasonable apprehension of fear.


What is stalking?

Stalking is behaviour that includes the following of a person, the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity or contacting or otherwise approaching a person using the internet or any other technologically assisted means.

Stalking or intimidation with intent to cause fear of physical or mental harm

Crimes (Domestic & Personal) Violence Act 2007, Section 13.Intimidation

(1)  A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.

The maximum penalty for this offence is imprisonment for 5 years or 50 penalty units or both.

While this offence involves a wide gamut of behaviour there punishments or penalties are equally wide ranging.

What is classed as intimidating behaviour?

  • Following a person
  • harassment such as sending repetitive emails, letter or constant calls, text messages without their permission
  • Approaching, watching or frequently the vicinity of a persons residence, business or place of work or anywhere a person is known to frequent
  • threats to harm a person, animal or property owned by the person
  • behaviour that would place a person in fear.

Family Violence and Abuse

Can the offence of intimidation and stalking include past conduct?

Unlike other offences, intimidation and stalking can for the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

These offences will often have an Apprehended Domestic/Personal Violence Order ADVO/APVO accompanying these charges.

It is important to get legal advice at an early stage to ensure that the appropriate action and analysis of your position is taken. Contact us for legal advice.

Intimidation & Stalking

Need legal advice? Catron Simmons can help.