Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

21A Stalking

(1)A person (A) commits an offence if—

S. 21A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 14), substituted by No. 1/2026 s. 67(1).

(a)A engages in a course of conduct in relation to another person (B); and

S. 21A(2)(a) amended by No. 1/2026 s. 67(2)(b).

(b)the course of conduct includes any conduct specified in subsection (2); and

S. 21A(2)(b) substituted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(b).

(c)either—

S. 21A(2)(c) amended by No. 1/2026 s. 67(2)(b)(c).

(i)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

S. 21A(2)(g)(i) amended by No. 1/2026 s. 67(2)(b).

(ii)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(2)(g)(ii) amended by No. 1/2026 s. 67(2)(b)(f).

(1A)A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

S. 21A(1A) inserted by No. 1/2026 s. 67(1).

(1B)For the purposes of subsection (1)(a), A engages in a course of conduct in relation to B if—

S. 21A(1B) inserted by No. 1/2026 s. 67(1).

(a)either—

(i)A engages in conduct on more than one occasion; or

(ii)A engages in conduct that is protracted; and

(b)the conduct shows a continuity of purpose in relation to B.

(2)For the purposes of subsection (1)(b), the following are specified—

S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3), 1/2026 s. 67(2)(a)(g).

(a)following B or any other person;

(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;

(ba)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) inserted by No. 105/2003 s. 3(1).

(i)relating to B or any other person; or

(ii)purporting to relate to, or to originate from, B or any other person;

(bb)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)(bb) inserted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(b).

(bc)tracing B's or any other person's use of the Internet or of e-mail or other electronic communications;

S. 21A(2)(bc) inserted by No. 105/2003 s. 3(1), amended by No. 1/2026 s. 67(2)(c).

(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;

(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)(d) amended by No. 1/2026 s. 67(2)(c)(d).

(da)making threats to B;

S. 21A(2)(da) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).

(dab)causing or threatening to cause harm to any animal—

S. 21A(2)(dab) inserted by No. 1/2026 s. 67(2)(e).

(i)while in the presence of B or any other person; or

(ii)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;

(db)using abusive or offensive words to or in the presence of B;

S. 21A(2)(db) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).

(dc)performing abusive or offensive acts 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).

(dd)directing abusive or offensive acts towards B;

S. 21A(2)(dd) inserted by No. 20/2011 s. 3(1), amended by No. 1/2026 s. 67(2)(b).

(e)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)(e) amended by No. 1/2026 s. 67(2)(b).

(f)keeping B or any other person under surveillance;

S. 21A(2)(f) amended by No. 1/2026 s. 67(2)(b).

(g)acting in any other way that could reasonably be expected—

S. 21A(2)(g) substituted by No. 20/2011 s. 3(2).

(i)to cause physical or mental harm to B, including self-harm; or

(ii)to arouse apprehension or fear in B for B's own safety or that of any other person.

(3)Each of the following is a result for the purposes of subsection (1)(c)—

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).

(a)physical or mental harm to B, including self- harm;

(b)apprehension or fear in B for B's own safety or that of any other person.

(4)This section does not apply to conduct engaged in by a person performing official duties for the purpose of— that, but for this subsection, would constitute an offence against subsection (1).

(a)the enforcement of the criminal law; or

(b)the administration of any Act; or

(c)the enforcement of a law imposing a pecuniary penalty; or

(d)the execution of a warrant; or

(e)the protection of the public revenue—

(4A)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—

S. 21A(4A) inserted by No. 105/2003 s. 3(2).

(a)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

(b)for the purpose of an industrial dispute; or

(c)for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.

* * * * * * * * * *

(6)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(6) inserted by No. 105/2003 s. 5, amended by No. 1/2026 s. 67(4).

(7)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(7) inserted by No. 105/2003 s. 5, amended by No. 1/2026 s. 67(4).

(8)In this section— mental harm includes—

S. 21A(8) inserted by No. 20/2011 s. 3(5).

(a)psychological harm; and

(b)suicidal thoughts.

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.