Cyberstalking
Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organisation.
If you have been charged with the offence of Cyberstalking and are going to court, call us anytime on 1300 365 075 to book a free initial consultation.
Lamont Law can help you get the best possible result for your Cyberstalking matter.
Contact UsCall Lamont Law 24/7 to discuss your Cyberstalking matter
(02) 4312 4304 (24 Hours)More on Cyberstalking
Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organisation.
It may include :
- false accusations
- abusive comments
- slander
- libel
- threats of physical or sexual violence
- repeated unwanted sexual requests.
- monitoring
- identity theft
- gathering information that may be used to threaten, embarrass or Harass.
- leaving messages on social media sites.
The Law In New South Wales
In NSW, the offence of staking or intimidation is contained within section 13 of the Crimes (Domestic and Personal Violence) Act 2007, which prescribes a maximum penalty of five years in prison.
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 – SECT 13
Stalking or intimidation with intent to cause fear of physical or mental harm
13 Stalking or intimidation with intent to cause fear of physical or mental harm
- 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.
: Maximum penalty–Imprisonment for 5 years or 50 penalty units, or both.
(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
Commonwealth Criminal Offences
Under section 474.17(1) of the Criminal Code 1995 (Cth) (“the Code”), a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
The offence :
474.17 Using a carriage service to menace, harass or cause offence
(1)
A person is guilty of an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 3 years.
(2)
Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
(a) an employee of the NRS provider; or
(b) an emergency call person; or
(c) an employee of an emergency service organisation; or
(d) an APS employee in the Attorney-General’s Department acting as a National Security Hotline call taker.
Why Choose Lamont Law
-
Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
-
Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
-
Local Professionals in your Community
Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
-
All Courts
Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
-
Flexible Initial Conference Options
We provide flexible conference options over the phone, video or in person at our office locations across Sydney, the Hunter Region, the North Coast and the Central Coast.
-
Flexible Payment Options
We provide affordable fixed fees and payment plans for several kinds of matters. Call us now for a free and no obligation discussion.