Criminal harassment, also known as stalking, involves repeatedly following, communicating with, or threatening someone, causing them to fear for their safety.
Criminal harassment: Criminal Code Definition
Criminal harassment is defined under Section 264 of the Criminal Code.
Criminal harassment
264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
Elements of Criminal harassment
To prove criminal harassment, the Crown must establish:
- The identity of the accused.
- The date and nature of the harassing behaviour.
- That the behaviour was repeated and caused the complainant to fear for their safety.
- That the accused knew or was reckless as to whether their actions would cause fear.
Potential Penalties for Criminal harassment
Penalties for criminal harassment can vary:
- Summary Conviction: Up to 6 months in prison and/or a fine.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for criminal harassment.
Defences Available for Criminal harassment
Possible defences against criminal harassment charges include:
- Lack of Intent: Showing that there was no intent to cause fear.
- Mistaken Identity: Proving that someone else was responsible for the harassment.
- Consent: Demonstrating that the complainant agreed to the interactions.
Click here to learn more about the potential defences available for criminal harassment charges.
Speak to a Criminal Lawyer Today
Facing criminal harassment charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
