Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 251A

Official PDF on legislation.mt

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.

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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.