Difference between revisions of "Stalking, Criminal Harassment, and Cyberbullying"

Latest revision as of 02:41, 16 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Maurizio Datitlo, Crown Counsel in August 2017.

It is criminal harassment for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: cyberbullying.

What you should know

Stalking can amount to criminal harassment

Stalking may start with conduct that seems more annoying than dangerous. Receiving flowers or a letter from “an admirer” (for example) can be off-putting but innocuous. But when it’s repeated, it can be frightening. In some cases, it can amount to criminal harassment. This is a crime under section 264 of the Criminal Code.

For stalking to be criminal harassment, here’s what’s required:

1. The person engages in harassing behaviour. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.

2. The person knows (or is “reckless”) that the victim is harassed by their conduct. The person knows their conduct is harassing the victim, or is reckless about whether it’s harassing them. “Reckless” means they know their conduct may harass the victim, but they don’t care.

3. The conduct scares the victim. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.

The person does not have to realize their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

Cyberbullying can involve multiple crimes

Cyberbullying is a type of harassment using new technology. Cyberbullies use social media (such as Facebook, Twitter, Instagram, Snapchat and YouTube), blogs, texting, instant messaging, and other communication platforms to engage in conduct intended to harm or embarrass someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.

In some cases, cyberbullying can amount to criminal harassment. This is a crime under section 264 of the Criminal Code. See above (under stalking) for a description of the elements required.

Another Criminal Code provision outlaws a specific type of cyberbullying. Under section 162.1, it’s a crime to share an intimate image of someone without their consent. Someone who is reckless about whether the person gave their consent can be charged with this crime. “Reckless” means they knew the person may not have consented, but they didn’t care.

Cyberbullying may also be defamation. Under section 300 of the Criminal Code, it’s a crime to publish a defamatory libel. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.

But the reality is that criminal defamation is rare. More common is civil defamation — communication about a person that tends to hurt their reputation. See our information on defamation for more.

If a person is charged with a crime

If a person is charged with criminal harassment or sharing an intimate image without consent, the prosecutor (called Crown counsel) makes the case against them.

The first stage is generally an application by the accused person to be released (on bail) pending the trial. If the court grants bail, it would usually attach conditions such as that the person not contact the victim or go near the victim’s home or place of work. It could also ban the person from using the internet, depending on the details of the crime they’re charged with.

If the person disobeys those terms, the court may cancel their bail and charge them with a separate offence of breaching their bail conditions.

If a court finds the person guilty of the crime, it will give a sentence. The sentence is based on the severity of the crime and the person’s criminal record. If the person is not sent to jail, they will usually be ordered to obey conditions similar to those imposed at the bail stage. For example, a court will typically order a person convicted of criminal harassment to have no contact with the victim directly or indirectly, to stay away from their home and workplace, and to not own or carry any weapons. A court may also ban a convicted person from using the internet. And a court may order a convicted person to take counselling, if it might help.

Deal with the problem

Step 1. Call the police

If someone is stalking, harassing or cyberbullying you, call the police to report the problem. Record the details of every incident, including time, date, place, who was involved, and what was said and done. Keep letters, notes, voicemail messages, emails, texts, instant messages, and social media and internet posts. Give them to the police.

Tip Never reply to harassing messages — except to tell the person to stop. Telling the person to stop gives them no excuse to say they didn’t realize they were harassing you.

Step 2. Report the behaviour to others in authority

If the harassment happens at work, report it to your boss (as well as to the police). If your boss is the one harassing you, report it to a co-worker.

If the harassment happens at school, report it to the school authorities (in addition to the police).

Step 3. Report cyberbullying to your internet or phone provider

Report cyberbullying or other harassing communication to your internet or phone provider. Most companies have policies on acceptable use of their services, and can cancel the service of a customer who violates those policies. The company can also help police find a cyberbully who is using their network.

Tip If you get a harassing phone call, dial *57 immediately when the call ends. The phone company will record the phone number that made the call, so the police can get it. (This technique doesn’t work on all phones. For how call tracking works for your phone, contact your phone provider.)

Step 4. Seek a court order to protect you

You can seek a court order to protect you from a person who is harassing or stalking you. Depending on the circumstances, you could seek a peace bond under the Criminal Code or a protection order under the Family Law Act.

These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.

For more on these options, see our information on peace bonds and family violence.

Who can help

Support for victims

For support and services for victims of crime, call the 24-hour helpline at Victim Link BC.

Call 1-800-563-0808 (toll-free)
Visit website

The BC government’s Victim Services and Violence Against Women Program Directory provides contact information for service providers across the province that assist women impacted by violence.

Visit website

With more information

The website of MediaSmarts, a non-profit organization for digital and media literacy, features information on cyberbullying and the law.

Visit website

The BC government website includes information for victims, staying safe, and getting help.

Visit website

Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.

@@ Line 1: / Line 1: @@
-{{Dial-A-Law Blurb}}
+{{REVIEWEDPLS | reviewer = Maurizio Datitlo, Crown Counsel|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}}
+It is '''criminal harassment''' for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: '''cyberbullying'''.
-{{Dial-A-Law TOC|expanded = criminal}}
+==What you should know==
-The script explains stalking, criminal harassment, and cyberbullying and how to stop them. The script does not explain other options to deal with similar behavior. They include:
-*[http://www.victimsinfo.ca/en/services/protection-orders Protection orders]—[http://resources.lss.bc.ca/pdfs/pubs/Protection-Orders-eng.pdf peace bonds], [http://www.justicebc.ca/en/cjis/you/offender/no_contact/restraining_order.html restraining orders] and [http://resources.lss.bc.ca/pdfs/pubs/Protection-Orders-eng.pdf no contact orders]
+===Stalking can amount to criminal harassment===
-*[http://www.familylaw.lss.bc.ca/resources/fact_sheets/familyLawProtectionOrders.php Family law protection orders]
+'''Stalking''' may start with conduct that seems more annoying than dangerous. Receiving flowers or a letter from “an admirer” (for example) can be off-putting but innocuous. But when it’s repeated, it can be frightening. In some cases, it can amount to '''criminal harassment'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth This is a crime under section 264 of the ''Criminal Code''].
-Related Dial-A-law scripts include:
+For stalking to be criminal harassment, here’s what’s required:
-*[[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging someone with a criminal offense”
+. '''The person engages in harassing behaviour'''. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.
-*[[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]], called “Applying for a peace bond and filing assault charges”
-==What is stalking? What is criminal harassment?==
+. '''The person knows (or is “reckless”) that the victim is harassed by their conduct'''. The person knows their conduct is harassing the victim, or is reckless about whether it’s harassing them. “Reckless” means they know their conduct may harass the victim, but they don’t care.
-'''Stalking''' is conduct that may—in some cases—be '''criminal harassment''' under section 264 of the ''[http://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'' of Canada. For stalking to be criminal harassment, here’s what’s required:
-.  A person does one or more of the following things:
+. '''The conduct scares the victim'''. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.
-:*repeatedly follow you, or anyone you know.
-:*repeatedly communicate with you, or anyone you know, directly or indirectly.
-:*repeatedly watch you, or anyone you know, or lurk around your home, workplace, or any other place you happen to be.
-:*engage in any threatening conduct directed at you or a member of your family.
-.  The person knows that their conduct is harassing you or they are reckless about whether their conduct is harassing you. “Reckless” means they know their conduct may harass you, but they don’t care.
+The person does not have to ''realize'' their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.
-.  The person’s conduct causes you to reasonably fear for your safety or the safety of someone you know. Your fear has to be reasonable. The person does not have to realize that their conduct is scaring you for it to be criminal harassment.
+===Cyberbullying can involve multiple crimes===
+'''Cyberbullying''' is a type of harassment using new technology. Cyberbullies use social media (such as Facebook, Twitter, Instagram, Snapchat and YouTube), blogs, texting, instant messaging, and other communication platforms to engage in conduct intended to harm or embarrass someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.
-A person can be stalking even if they don’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.
+In some cases, cyberbullying can amount to '''criminal harassment'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth This is a crime under section 264 of the ''Criminal Code'']. See above (under stalking) for a description of the elements required.
-Stalking may start with conduct that seems more annoying than dangerous. Often, the conduct is legal and even socially acceptable, if it’s just an isolated incident. But when it’s repeated, it may scare the victim. Conduct such as following someone, or sending gifts or letters, may become intimidating if done continually and against the person’s wishes.
+Another ''Criminal Code'' provision outlaws a specific type of cyberbullying. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec162.1_smooth Under section 162.1, it’s a crime to share an '''intimate image''' of someone without their consent]. Someone who is '''reckless''' about whether the person gave their consent can be charged with this crime. “Reckless” means they knew the person may not have consented, but they didn’t care.
-==What is cyberbullying? ==
+Cyberbullying may also be '''defamation'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec300_smooth Under section 300 of the ''Criminal Code'', it’s a crime to publish a '''defamatory libel''']. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.
-Cyberbullying is a type of harassment using new technology. Whether it is criminal harassment depends on the facts of a case. Cyberbullies use social media (such as ''Facebook'', ''Twitter'', ''Instagram'', ''Snapchat'', and ''YouTube''), blogs, texting, instant messaging, and other internet avenues to engage in deliberate, repeated, and hostile conduct intended to harm, embarrass, or slander someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.
-Starting in March 2015, another type of cyberbullying has been outlawed. It’s illegal to distribute intimate images of a person if you know that they did not consent to that image being distributed—or if you are reckless about whether the person gave their consent to that image being distributed. “Reckless” means you know the person may not have consented to the image being distributed, but you don’t care.
+But the reality is that criminal defamation is rare. More common is '''civil defamation''' — communication about a person that tends to hurt their reputation. [https://dialalaw.peopleslawschool.ca/defamation/ See our information on defamation for more].
-Cyberbullying may also be defamation. The ''[http://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'' (section 300) outlaws publishing a defamatory libel – material published, without lawful justification or excuse, likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule, or designed to insult the person. But criminal defamation is rare. More common is civil defamation – communication about a person that tends to hurt their reputation. Script [[Defamation: Libel and Slander (Script 240)|240]], called “Defamation: Libel and Slander”, has more on this.
+===If a person is charged with a crime===
+If a person is charged with criminal harassment or sharing an intimate image without consent, the '''prosecutor''' (called Crown counsel) makes the case against them.
-==What can you do if someone is stalking, harassing, or cyberbullying you?==
+The first stage is generally an application by the accused person to be released (on '''bail''') pending the trial. If the court grants bail, it would usually attach '''conditions''' such as that the person not contact the victim or go near the victim’s home or place of work. It could also ban the person from using the internet, depending on the details of the crime they’re charged with.
-#First, if the harassment is attempted communication with you, tell the person to stop. Otherwise, they may not know that they are harassing you. Never reply to harassing messages—except to tell the person to stop.
-#Call the police to report the problem. Record the details of every incident, including time, date, place, who was involved, and what was said and done. Keep letters, notes, voicemail messages, emails, texts, instant messages, and social media and internet posts. Give them to the police.
-#If the harassment happens at school, report it to the school authorities, as well as to the police. If it happens at work, report it to your boss (or a co-worker, especially if the boss is the one harassing you), plus the police.
-#Report cyberbullying or other harassing communication to your internet or cell phone company. Most companies have policies on acceptable use of their services, and can cancel the service of a customer who violates those policies. The company can also help police find a cyberbully who is using their network.
-#If you get a harassing phone call on a landline, dial *57 immediately when the call ends. The phone company will record the phone number that made the call, so the police can get it. If you receive harassing calls on your cell phone, call the phone company for help in tracking the calls.
-#You can seek a civil protection order in court. To do this, you need legal help. Links to more information on these orders are listed at the start of this script.
-==What happens after you report the problem?==
+If the person disobeys those terms, the court may cancel their bail and charge them with a separate offence of breaching their bail conditions.
-If a person is charged with criminal harassment or distributing an intimate image without consent, Crown Counsel (the prosecutor) makes the case against (or prosecutes) them. The prosecutor may proceed by indictment for serious cases, and then the maximum penalty is 10 years in jail for harassment and 5 years in jail for distributing an intimate image without consent. Or the prosecutor may proceed by summary conviction for less serious cases, and then the maximum penalty is either a fine or 6 months in jail, or both.
-The first stage of any criminal proceeding is generally an application by the accused person for judicial interim release, also known as bail. If the court grants bail to a person, it will usually order them not to contact you directly or through another person, or go anywhere near your home, school, or place of work. It may also ban them from using the internet, depending on the details of the crime they’re charged with.
+If a court finds the person '''guilty''' of the crime, it will give a '''sentence'''. The sentence is based on the severity of the crime and the person’s criminal record. If the person is not sent to jail, they will usually be ordered to obey conditions similar to those imposed at the bail stage. For example, a court will typically order a person convicted of criminal harassment to have no contact with the victim directly or indirectly, to stay away from their home and workplace, and to not own or carry any weapons. A court may also ban a convicted person from using the internet. And a court may order a convicted person to take counselling, if it might help.
-If the person disobeys those terms, the court may revoke, or cancel, their bail. Then they may be charged with a separate offence of breaching their bail conditions. If the person is denied bail and sent to jail until a trial or a guilty plea, the prosecutor may ask the court to order that the person have no contact with you from jail. Again, if the person charged disobeys this order, they may be charged with a separate offence.
+==Deal with the problem==
-If a court finds a person guilty, of criminal harassment or distributing an intimate image without consent, after a guilty plea or trial, it can impose many different sentences. The court will choose a sentence based on the person's criminal record and the severity of their crime. If the person is not sent to jail, they will usually be ordered to obey certain conditions similar to the conditions imposed at the bail stage. For example, a court will normally order a person convicted of criminal harassment to have no contact with you directly or indirectly, to stay away from your home and workplace, and to not own or carry any weapons. A court may also ban a convicted person from using the internet. And a court may order a convicted person to take counseling, if it might help.
+===Step 1. Call the police===
+If someone is stalking, harassing or cyberbullying you, '''call the police''' to report the problem. Record the details of every incident, including time, date, place, who was involved, and what was said and done. Keep letters, notes, voicemail messages, emails, texts, instant messages, and social media and internet posts. Give them to the police.
-==More information==
+{| class="wikitable"
-*The [http://www.victimlinkbc.ca/ Victim LinkLine] at 1.800.563.0808, available 24 hours a day.
+|align="left"|'''Tip'''
-*The [http://www.gov.bc.ca/pssg BC Ministry of Justice]: search for “stalking”.
+Never reply to harassing messages — except to '''tell the person to stop'''. Telling the person to stop gives them no excuse to say they didn’t realize they were harassing you.
-*The [http://www.cyberbullying.ca/ Cyberbullying resource page].
+|}
-*[http://www.bewebaware.ca/ Web Aware]. Click on “[http://www.bewebaware.ca/english/cyberbullying.html cyberbullying]”.
-*The [http://www.safety-council.org/ Canada Safety Council]. Search for “cyber bullying”.
-*[http://www.victimsinfo.ca/ VictimsInfo.ca]
-*[http://www.domesticviolencebc.ca/dvbc/index.page? Domestic Violence]
+===Step 2. Report the behaviour to others in authority===
+If the harassment happens at work, report it to your boss (as well as to the police). If your boss is the one harassing you, report it to a co-worker.
-[updated April 2015]
+If the harassment happens at school, report it to the school authorities (in addition to the police).
-'''The above was last edited by John Blois.'''
+===Step 3. Report cyberbullying to your internet or phone provider===
+Report cyberbullying or other harassing communication to your internet or phone provider. Most companies have policies on acceptable use of their services, and can cancel the service of a customer who violates those policies. The company can also help police find a cyberbully who is using their network.
-----
+{| class="wikitable"
-----
+|align="left"|'''Tip'''
+If you get a harassing phone call, dial *57 immediately when the call ends. The phone company will record the phone number that made the call, so the police can get it. (This technique doesn’t work on all phones. For how call tracking works for your phone, contact your phone provider.)
+|}
+===Step 4. Seek a court order to protect you===
+You can seek a '''court order''' to protect you from a person who is harassing or stalking you. Depending on the circumstances, you could seek a '''peace bond''' under the ''Criminal Code'' or a '''protection order''' under the ''Family Law Act''.
+These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.
+For more on these options, [[Peace Bonds and Assault Charges|see our information on peace bonds]] and [[Family Violence (No. 155)|family violence]].
+==Who can help==
+===Support for victims===
+For support and services for victims of crime, call the 24-hour helpline at '''Victim Link BC'''.
+* Call 1-800-563-0808 (toll-free)
+* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Visit website]
+The '''BC government'''’s [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-services-directory Victim Services and Violence Against Women Program Directory] provides contact information for service providers across the province that assist women impacted by violence.
+* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime Visit website]
+===With more information===
+The website of '''MediaSmarts''', a non-profit organization for digital and media literacy, features information on cyberbullying and the law.
+* [http://mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law Visit website]
+The '''BC government''' website includes information for victims, staying safe, and getting help.
+* [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf Visit website]
+{{Dial-A-Law_Navbox|type=courts}}
 {{Dial-A-Law Copyright}}
-{{Dial-A-Law_Navbox|type=crim}}