PROTECTION FROM HARASSMENT
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- (b) making any communication, or attempting to make any communication, by any means—
- (i) to the victim or a related person;
- (ii) relating or purporting to relate to the victim or a related person; or
- (iii) purporting to originate from the victim or a related person;
- (c) entering or loitering in any place (whether public or private) outside or near the victim's or a related person's place of residence or place of business or any other place frequented by the victim or the related person;
- (d) interfering with property in the possession of the victim or a related person (whether or not the accused person has an interest in the property);
- (e) giving or sending material to the victim or a related person, or leaving it where it will be found by, given to or brought to the attention of the victim or a related person;
- (f) keeping the victim or a related person under surveillance.
Illustrations
These acts are acts associated with stalking of X by Y:
- (a) Y repeatedly sends emails to Y's subordinate (X) with suggestive comments about X's body.
- (b) Y sends flowers to X daily even though X has asked Y to stop doing so.
- (c) Y repeatedly circulates revealing photographs of a classmate (X) to other classmates.
(4) For the purposes of subsection (2)(c), the accused person ought reasonably to know that his course of conduct is likely to cause harassment, alarm or distress to the victim if a reasonable person in possession of the same information would think that the course of conduct is likely to have that effect.
(5) In considering whether a course of conduct is likely to cause harassment, alarm or distress, the court may have regard to the following factors:
