Stalking Offence in Queensland

Being accused of stalking is a serious matter in Queensland. Stalking charges often arise in the context of relationship breakdowns, domestic disputes, workplace issues, or ongoing personal conflict. The offence is broad and can include repeated contact, monitoring, or behaviour that causes fear or distress.

Stalking offences carry significant penalties and can have lasting consequences for employment, family law matters, and future contact with the complainant.

If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence. 

What is stalking under Queensland law?

Stalking is an offence under section 359B of the Criminal Code 1899 (Qld).

In broad terms, stalking involves a course of conduct directed at another person that:

• is intentional, and

• causes the person to fear for their safety or causes detriment (including serious annoyance, anxiety, or emotional distress), and

• would cause a reasonable person to feel fear or distress in the circumstances.

A single incident is not usually enough. The prosecution must prove repeated behaviour forming a course of conduct.

What behaviour can amount to stalking?

Stalking can include a wide range of conduct, such as:

• repeatedly contacting a person by phone, text, email, or social media

• following, watching, or loitering near a person’s home, workplace, or other places

• monitoring a person’s movements or online activity

• sending unwanted gifts or messages

• making threats or intimidating communications

• publishing material about a person without consent

Stalking cases frequently involve digital communications, including social media, messaging apps, and email.

Does stalking require threats or violence?

No. Stalking does not require physical violence or explicit threats.

Conduct can amount to stalking even where the accused believed they were attempting to reconcile or communicate, if the behaviour objectively caused fear, distress, or detriment and was unreasonable in the circumstances.

What is the penalty for stalking in Qld?

Stalking is a serious criminal offence.

• Maximum penalty: 5 years imprisonment

• Aggravated stalking (for example, involving violence, threats, or breaches of protection orders) can attract higher penalties

In addition to any sentence imposed, a conviction may impact:

• employment and professional licences

• family law and child-related proceedings

• firearms licences

• future police interactions and bail applications

Common situations leading to stalking charges

Stalking charges commonly arise from:

• relationship breakdowns or domestic disputes

• ongoing unwanted contact after separation

• workplace or neighbour conflicts

• social media or online communication disputes

• breaches of domestic violence protection orders

In many cases, the facts are contested and depend heavily on the context and history between the parties.

How a criminal defence lawyer can help

A criminal defence lawyer can:

• assess whether the charge is properly made out

• analyse communication and digital evidence

• challenge whether the legal elements of stalking are proven

• negotiate with prosecutors where appropriate

• prepare strong submissions to minimise penalty if required

Early advice is particularly important in stalking matters, as ongoing conduct can quickly escalate exposure.