INTIMIDATION CHARGE NSW
What is an Intimidation charge in NSW?
An intimidation charge in NSW is contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 which states:
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 up to 5 years and/or fines of up to $5,500.
Importantly, an intimidation charge is a serious indictable offence. However, the Police usually prosecute intimidation charges summarily in the NSW Local Courts.
What Constitutes Intimidation in NSW?
Section 7 Crimes (Domestic and Personal Violence) Act 2007 provides the meaning of intimidation which states:
Intimidation of a person includes:
- conduct (including cyberbullying) amounting to harassment or molestation of another person, or
- an approach made to another person by any means that causes the person to fear for his or her safety, or
- any conduct that causes a reasonable apprehension of:
- injury to a person or to a person with whom he or she has a domestic relationship, or
- violence to any person, or
- damage to any person or property.
Consequently, intimidation can capture a vast range of conduct. However, the most common type of intimidation is usually a threat to injury.
What is Stalking?
Section 8 Crimes (Domestic and Personal Violence) Act 2007 provides the meaning of stalking which states:
Stalking includes the following:
- 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 or 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.
RELATED ⇒ Use Carriage Service to Menace Harass Offend
Intimidation and stalking are not limited to face-to-face conduct. Under section 474.17 of the Criminal Code Act 1995 (Cth), it is a criminal offence to use a carriage service — including phone calls, text messages, emails, or social media — to menace, harass, or offend another person.
Learn more about using a carriage service to menace, harass, or offend
Frequently Asked Questions about Intimidation & Stalking
What is intimidation charge?
Intimidation is defined under NSW law as behaviour that causes fear of physical or mental harm. It can involve threats, harassment, molestation, or any action that creates a reasonable apprehension of danger.
Examples of intimidation include:
Repeated threats or menacing language
Following someone
Damaging property as a form of control
Sending persistent unwanted messages
Making silent or abusive phone calls
Is intimidation a criminal offence?
Absolutely. Intimidation is a criminal offence under NSW legislation. It carries criminal liability, and if found guilty, an offender may face imprisonment, fines, or other court-imposed penalties. The nature of the penalty depends on the severity and context of the offence.
What does an intimidation charge in NSW involve?
In NSW, an intimidation allegation typically involves conduct that causes another person to fear for their safety. This includes threats, harassment, molestation, or persistently contacting a person against their will.
What is the minimum penalty for an intimidation charge in NSW?
While NSW law does not specify a minimum penalty for intimidation charge in NSW, courts may impose a Conditional Release Order, a Community Correction Order or fines for less serious cases. However, the maximum penalty is 5 years imprisonment, so even a first offence can have serious consequences if the circumstances warrant such a sentence.
What does stalking mean under NSW criminal law?
Stalking in NSW refers to a pattern of behaviour that causes someone to fear for their safety. This may include following, watching, or contacting someone repeatedly in a way that harasses them.
Facing Charges of Intimidation or Stalking?
Don’t face the courts alone. Allegations of stalking or intimidation carry serious consequences — including a conviction and potential imprisonment. Our experienced criminal defence lawyers will explain your options and guide you through every step of the legal process.
Contact AMA Legal today for a confidential consultation.
For consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
