Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 251A
251A. (1) A person who:
(a) pursues a course of conduct which amounts to
harassment of another person; or
(b) pursues a course of conduct which he knows or ought
to know amounts to harassment of such other person;
or
(c) subjects another person to an act of physical intimacy;
or
(d) requests sexual favours from another person; or
(e) subjects another person to any act and, or conduct with
sexual connotations, including spoken words, gestures
and, or the production, display or circulation of any
written words, pictures, and, or any other material,
where such act, words, and , or conduct is unwelcome
to the victim, and could be reasonably be regarded as
offensive, humiliating, degrading, and, or intimidating
towards that person,
shall be guilty of an offence under this article.
(2) For the purpose of this articl e, the person whose course of
conduct is in question ought to know that it amounts to harassm ent
of another person if a reasonable person in possession of the s ame
information would think the course of conduct amounted to
harassment of the other person.
(3) It is a defence for a person charged with an offence under
this article to show that:
(a) his course of conduct was pursued for the purpose of
preventing or det ecting crime; or
(b) his course of conduct was pursued under any
enactment, regulation or rule, or to comply with any
condition or requirement imposed by any person under
any enactment; or
(c) in the particular circumstances the pursuit of the
course of conduct was reasonable.
(4) A person guilty of an offence under this article shall be
liable to the punishment of imprisonment for a term from six
months to two years or to a fine ( multa ) of not less than five
thousand euro (€5,000) and not more than ten thousand euro
(€10,000), or to both such fine and imprisonment:
Provided that the punishment s hall be increased by one degree
where the offence is committed against any person mentioned in article
222(1).
CRIMINAL CODE [CAP. 9. 135
Stalking.
Added by:
XXIV .2014.28.
Amended by:
VIII.2015.13;
XIII.2018.24.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.