Criminal Code (Cap. 9), article 251BA

251BA. (1) A person whose course of conduct - (a) amounts to stalking, and (b)e i t h e r : (i) causes another to fear on at least two occasions that violence will be used against him, or (ii) causes him serious alarm or distress which has a substantial adverse effect on his usual day-to- day activities, shall be guilty of an offence under this article if he knows or ought to know that his course of conduct will cause that person so to fear on each of those occasions or, as the case may be, will cause s uch alarm or distress. (2) For the purposes of this article, the person whose course of conduct is in question ought to know that it will cause another person to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion. (3) For the purposes of this article, the person whose course of conduct is in question ought to know that it will cause another person serious alarm or distress which has a substantial advers e effect on the said person’s usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct woul d cause the other such alarm or distress. (4) It shall be a defence for a person charged with an offence under this article that his cour se of conduct was pursued in th e circumstances mentioned in article 251B(3)( a) or ( b). (5) A person guilty of an offence under this article shall be liable to imprisonment for a term for two years to five years o r to a CRIMINAL CODE [CAP. 9. 137 fine ( multa ) not exceeding thirty thousand euro (€30,000), or to both such fine and imprisonment: Provided that the punishment shall be increased by one degree when the offence is committed against any person mentioned in article 222(1). (6) The acquittal of a person charged with an offence under this article shall not exclude a c onviction for an offence under art icles 251A or 251AA. (7) This article shall be withou t prejudice to the generality of the provisions of article 251B. Cyber-stalking. Added by: XXVII.2025.2.