Unlawful Stalking in Queensland: What Counts as Stalking?
Stalking is often misunderstood. Many people think it only means physically following someone, turning up at their house, or watching them in public. In Queensland, the offence is much broader. It can include repeated contact, online monitoring, threats, intimidation, harassment, tracking, or other conduct that causes fear or serious disruption to another person’s life.
Unlawful stalking charges often arise in emotionally charged situations: relationship breakdowns, domestic violence allegations, neighbourhood disputes, workplace issues, online conflict, or repeated attempts to contact someone after being told to stop.
Because stalking allegations can overlap with domestic violence orders, protection orders, bail conditions and other criminal charges, it is important to get legal advice early.
What is unlawful stalking in Queensland?
In Queensland, unlawful stalking is dealt with under section 359B of the Criminal Code (Qld). The offence can involve intentionally directed conduct towards another person that occurs on one occasion if it is protracted, or on more than one occasion, and consists of acts such as following, loitering, watching, contacting, monitoring, threatening, intimidating, harassing or acts of violence. (legislation.qld.gov.au)
The conduct must also cause, or be reasonably expected to cause, apprehension or fear of violence, or serious mental, psychological or emotional harm, or prevent or hinder the person from doing something they would otherwise lawfully do. (police.qld.gov.au)
Put simply, stalking is not limited to one type of behaviour. The law looks at the pattern, the impact, and whether the conduct crosses the line into criminal behaviour.
Does stalking have to happen more than once?
Not always.
Many stalking allegations involve repeated conduct over time, such as ongoing messages, calls, unwanted visits, or monitoring. However, Queensland law can also capture conduct on one occasion if that conduct is protracted. (legislation.qld.gov.au)
This means the number of incidents is not the only issue. The length, nature and seriousness of the conduct also matter.
For example, a single brief message may not amount to stalking. But a prolonged incident involving following, threats, surveillance or intimidation may be treated very differently.
What kinds of behaviour can amount to stalking?
Stalking can involve physical, verbal, written, digital or indirect conduct. Common examples include:
- repeatedly calling, messaging or emailing someone
- following someone in person
- waiting near their home, workplace or regular locations
- contacting their friends, family or employer
- monitoring social media or online activity
- using fake accounts to contact or watch someone
- tracking someone through devices, apps or location sharing
- making threats or implied threats
- repeatedly sending unwanted gifts or letters
- damaging property or engaging in intimidation
The law can also apply where the contact is indirect. For example, using another person to pass on messages may still be relevant if the conduct is directed at the complainant.
Online stalking and digital monitoring
Modern stalking allegations often involve digital evidence. Text messages, call logs, emails, social media accounts, screenshots, GPS data, shared apps and cloud accounts can all become part of the prosecution case.
Digital stalking allegations may involve:
- repeated messages after being told to stop
- creating new accounts after being blocked
- monitoring someone through shared passwords or devices
- using location apps or tracking devices
- posting about someone online in a threatening or humiliating way
- contacting someone’s workplace or family online
Because digital evidence can be taken out of context, it is important to preserve the full conversation history where possible. A single screenshot may not show the whole exchange.
What if the person responded or contacted you first?
This is a common issue.
The fact that the other person replied, or even contacted you first, does not automatically mean stalking has not occurred. However, it may be relevant to context, intention, and whether the alleged conduct was unwanted or reasonably expected to cause fear or harm.
For example, a defence lawyer may examine whether communication was genuinely mutual, whether boundaries were clearly expressed, whether the allegation relies on selective screenshots, and whether the full history tells a different story.
That said, if you have been told not to contact someone, or if there is a protection order, bail condition or police direction in place, you should not assume that a response from the other person allows you to continue contact.
Stalking and domestic violence orders
Unlawful stalking often overlaps with domestic and family violence matters. Stalking behaviour can form part of an application for a protection order, and it can also be charged separately as a criminal offence.
Queensland Police notes that unlawful stalking, intimidation, harassment or abuse may indicate an increased risk of future domestic violence. (police.qld.gov.au)
If you are subject to a protection order, temporary protection order, police protection notice or bail condition, any contact may carry additional risk. Even an apologetic message, a request to talk, or contact through a third party may be alleged as a breach.
What are the penalties for unlawful stalking?
The penalties for unlawful stalking in Queensland can be serious.
Under section 359E of the Criminal Code (Qld), the maximum penalty is generally 5 years’ imprisonment. The maximum increases to 7 years’ imprisonment if, for example, the conduct involves a threat of violence, possession of a weapon, or a breach of an injunction or court order. Further aggravated circumstances can result in a maximum penalty of 10 years’ imprisonment, including where the conduct relates to a law enforcement officer investigating criminal organisation activities. (legislation.qld.gov.au)
The penalty in any particular case will depend on the seriousness of the conduct, whether threats were made, whether there was a protection order or bail condition in place, the duration of the behaviour, the impact on the complainant, and the accused person’s history.
What does the prosecution need to prove?
The prosecution must prove the elements of the offence beyond reasonable doubt. In many stalking cases, the key issues include:
- whether the conduct occurred
- whether it was intentionally directed at the complainant
- whether it happened more than once, or was protracted on one occasion
- whether the conduct falls within the types of behaviour captured by the offence
- whether it caused, or was reasonably expected to cause, fear, harm or serious disruption
- whether the accused person was responsible for the messages, accounts, calls or conduct alleged
These cases often turn heavily on digital records and context. A defence lawyer will look at the full history, not just isolated messages or screenshots.
Possible defence issues
Defence strategy depends on the facts, but possible issues may include:
- the accused did not engage in the conduct alleged
- the conduct was not intentionally directed at the complainant
- the alleged conduct was mutual or taken out of context
- the behaviour did not meet the legal threshold for stalking
- the prosecution cannot prove authorship of online accounts or messages
- the complainant’s interpretation is not supported by the broader evidence
- there is insufficient evidence of fear, harm or serious disruption
In some matters, there may also be scope to negotiate the charge or facts, particularly where the allegation is based on limited communication rather than threats, violence or prolonged monitoring.
Should you speak to police?
Not without legal advice.
Stalking allegations often depend on intention, context and interpretation. A police interview may ask you to explain messages, visits, online activity, tracking data, or why you contacted someone. Answers given without advice may create admissions or fill gaps in the prosecution case.
If police want to interview you, or you believe you may be charged, speak with a criminal defence lawyer first.
What should you do if you are charged?
If you are charged with unlawful stalking, avoid any contact with the complainant. Do not message, call, approach, apologise, explain, or ask someone else to pass on a message unless your lawyer has advised you it is lawful and safe to do so.
You should also preserve evidence that may help your case, including full message threads, call logs, screenshots, emails, social media records, location data and witness details. Do not delete material. Deleting messages or accounts may make the situation worse.
Early advice can help identify whether the case should be contested, negotiated, or resolved in another way.
Speak with Cridland & Hua
If you have been charged with unlawful stalking in Queensland, or police want to speak with you about stalking, harassment, intimidation or repeated contact, get legal advice early.
Cridland & Hua can help you understand the allegation, review the evidence, advise on police interviews, and prepare a strategy to protect your position.
Call Cridland & Hua on (07) 3211 3177 or contact us online for confidential advice.
Disclaimer: This article is general information only and does not constitute legal advice. For advice about your circumstances, please speak with a qualified criminal defence lawyer.
