Criminal Harassment - Prohibited Conduct - in part

264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Marginal note: Prohibited conduct

(2) The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

  (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

Marginal note: Punishment

(3) Every person who contravenes this section is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

Marginal note: Factors to be considered

(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

(b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).

Marginal note :Reasons

(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

What is Stalking?
Unwanted pursuit. This is probably the best term to define stalking. There are many different behaviors that can be called stalking, but all share two common features: they involve actions not wanted by the victim and they threaten or cause fear to the victim. New ways of stalking emerge frequently and no list can encompass them all, but stalking often includes:

Warning Signs
There is no one list of warning signs that will tell you if you are a victim. You are the expert. If you are in a relationship that is concerning you, some warning signs to watch for include:
Frequent loss of temper
Abuse of alcohol and/or drugs
Extreme jealousy
Expects you to spend all of your time with him or inform him of your whereabouts
Following
Threats
Physical or verbal abuse
Damage or destruction to your property
Puts you down in front of your friends
Talks about violence or is fascinated with themes of violence
Makes your family or friends feel scared or uneasy
Offers of unsolicited help
Refuses to accept "no" for an answer
Isolates you from your friends and/or family
Following or surveillance
Inappropriate approaches and confrontations
Appearing at a place of work or residence
Unwanted telephone calls
Threats
Threats to family and friends
Unwanted letters
Unwanted or threatening gifts
Unwanted pages or e-mail
Damage to property

Stalking, Criminal Harassment and Cyberbullying
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Script 206 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call the Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Criminal Harassment: Stalking -- It's NOT Love
By RCMP


Stalking and Criminal Harassment

A Handbook for Police and Crown Prosecutors on Criminal Harassment