Stalking or Intimidation

About stalking or intimidation in NSW

Stalking or intimidating another person with intent to cause fear of physical or mental harm is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The same conduct that supports a stalk/intimidate charge will typically also see police apply for an Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO) at the same time.

The offence can be committed in personal violence contexts (any complainant) or domestic violence contexts (where the parties have or have had a domestic relationship under the Act). A charge is recorded as a domestic violence offence where the domestic relationship is established — which has consequences on sentencing and for the accompanying AVO.

What does section 13 say?

Section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 provides that a person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.

Section 13(3) clarifies that a person intends to cause fear of physical or mental harm if they know that their conduct is likely to cause fear. Importantly, the prosecution does not need to prove that the complainant actually feared harm — only that the accused knew their conduct was likely to cause that fear.

Maximum penalty

Section 13 carries a maximum penalty of:

• 5 years imprisonment, or
• 50 penalty units ($5,500 at $110 per unit), or
• both

The offence is a Table 2 offence under Schedule 1 of the Criminal Procedure Act 1986 — meaning it is presumptively heard in the Local Court but can be elected to the District Court by the Director of Public Prosecutions. In practice the great majority of section 13 matters are finalised in the Local Court, where the Local Court’s jurisdictional limit on imprisonment is 2 years per offence (under section 268 Criminal Procedure Act).

Elements of the offence

To convict, the prosecution must prove beyond a reasonable doubt that:

1. The accused stalked or intimidated the other person, or attempted to do so; and
2. The accused intended to cause the other person to fear physical or mental harm — meaning the accused knew that their conduct was likely to cause that fear.

The legislation extends the offence: it is enough that the accused intended to cause fear of harm to anyone with whom the complainant has a domestic relationship, not just the complainant themselves.

What is “intimidation” under NSW law?

Section 7 of the Crimes (Domestic and Personal Violence) Act 2007 defines intimidation broadly. It includes:

• conduct (including cyberbullying) amounting to harassment or molestation of the person
• an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for their safety
• any conduct that causes a reasonable apprehension of injury to a person, or to a person with whom they have a domestic relationship, or of violence or damage to any person or property

The court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

What is “stalking” under NSW law?

Section 8 of the Act defines stalking as including:

• the following of a person about
• the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business, work, or any place that a person frequents for the purposes of any social or leisure activity
• contacting or otherwise approaching a person using the internet or any other technologically assisted means

As with intimidation, the court may consider any pattern of violence in the person’s behaviour, particularly DV-related violence.

Behaviour that may amount to stalking or intimidation

Examples that have supported section 13 prosecutions include:

• following a person
• approaching, watching or frequenting their home, workplace, gym, child’s school or other locations the person regularly attends
• repeated unwanted contact by phone calls, text messages, email, social media, post or other means
• verbal threats made in person, by phone, text, email or social media
• conduct amounting to ongoing harassment or molestation
• damaging another person’s property in a way that causes apprehension of further harm
• any conduct that gives rise to a reasonable apprehension of violence or damage to the complainant or someone in a domestic relationship with them

Defences to stalking or intimidation

Defences and arguments that may be raised include:

• No intent / no knowledge of likely fear — the accused did not intend to cause fear, and did not know that their conduct was likely to cause fear
• Identity — the accused was mistaken for the perpetrator
• Conduct did not occur, or is exaggerated — the prosecution case is challenged on the facts
• Lawful and legitimate reason — for example, the parties happened to attend the same workplace, gym, café or apartment building
• Self-defence (where applicable in the circumstances)
• Duress — the accused was acting under threat
• Necessity — the accused was compelled by an emergency
• Mental health diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 where a relevant mental health or cognitive impairment contributed

Sentencing options in NSW

A magistrate or judge sentencing under section 13 in NSW has access to the full range under the Crimes (Sentencing Procedure) Act 1999:

• Section 10(1)(a) dismissal — no conviction recorded
• Conditional Release Order (CRO) — with or without conviction
• Fine — up to $5,500
• Community Correction Order (CCO) — up to 3 years with conditions
• Intensive Correction Order (ICO) — custodial sentence served in the community, up to 2 years
• Full-time imprisonment — up to 5 years on indictment; up to 2 years in the Local Court

For DV-recorded matters, section 4A of the Crimes (Sentencing Procedure) Act 1999 requires the court to impose either a custodial sentence (full-time, ICO or CCO) or to record reasons for not doing so.

Stalking or intimidation FAQs

What is the maximum penalty for stalking or intimidation in NSW?

The maximum penalty under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 is 5 years imprisonment, a $5,500 fine, or both. In the Local Court, the maximum penalty is capped at 2 years imprisonment per offence under section 268 of the Criminal Procedure Act 1986.

Does the complainant have to actually fear me?

No. Section 13(3) makes clear that the prosecution only has to prove the accused knew their conduct was likely to cause the complainant to fear physical or mental harm — not that the complainant in fact feared harm.

Is “intimidation charge NSW” the same as breach of an AVO?

No — they are separate offences. Stalking or intimidation under section 13 is a stand-alone offence about the conduct itself. Breach of an ADVO/APVO is a separate offence under section 14 of the same Act, for contravening a condition of an existing order. The two can be charged together if both apply. See our Breach of ADVO page.

Can intimidation charges be withdrawn?

Yes — through formal representations to police prosecutors, particularly where the evidence is thin, there are credible identification issues, the complainant withdraws their support, or where context (such as a workplace dispute or a shared apartment building) provides a lawful and legitimate reason for the contact. Karnib & Co. routinely makes representations in these matters.

Will police get an AVO if I’m charged with stalk/intimidate?

Almost always. Where police lay a section 13 charge they will typically apply for a Provisional ADVO/APVO at the time of arrest, which then becomes an interim order at the first court mention. Breaching an AVO is itself a criminal offence under section 14, so the AVO conditions need to be carefully understood and complied with from day one.

Charged with stalking or intimidation? Contact us today

Stalking and intimidation charges can be defended successfully — but the case needs careful early work, including reviewing the prosecution brief, identifying gaps in proof of intent, and (where appropriate) negotiating with police. Karnib & Co. acts for clients facing these matters across NSW from our Liverpool and Wollongong offices.

Contact us for a free initial consultation. We are available 24/7 for urgent matters and bail applications.