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Stalking, Criminal Harassment, and Cyberbullying (No. 206)

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{{Dial-A-Law TOC|expanded = criminal}}
The script explains what stalking, criminal harassment, and cyberbullying are and how to stop them. Refer also The script does not explain other options to scriptsdeal with similar behavior. They include:
*217[http://www.victimsinfo.ca/en/services/protection-orders Protection orders]—[http://resources.lss.bc.ca/pdfs/pubs/Protection-Orders-eng.pdf peace bonds], called “Applying for a peace bond [http://www.justicebc.ca/en/cjis/you/offender/no_contact/restraining_order.html restraining orders] and filing assault charges”[http://resources.lss.bc.ca/pdfs/pubs/Protection-Orders-eng.pdf no contact orders]*215, called “Charging someone with a criminal offense”[http://www.familylaw.lss.bc.ca/resources/fact_sheets/familyLawProtectionOrders.php Family law protection orders]
==What is stalking?==Stalking is behaviour that may – in some cases – be criminal harassment under section 264 of the ''Criminal Code'' of Canada (available at http://lawsRelated Dial-lois.justice.gc.ca/eng/acts/cA-46/). Stalking is criminal harassment if a person does any of the following things, knowing that it causes you to reasonably fear for your safety or the safety of anyone you knowlaw scripts include:*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
Even if 217, called “Applying for a peace bond and filing assault charges”215, called “Charging someone with a criminal offense”What is stalking? What is criminal harassment?Stalking is conduct that may—in some cases—be criminal harassment under section 264 of the Criminal Code of Canada. For stalking to be criminal harassment, here’s what’s required:1. A person doing these does one or more of the following things has not been told : repeatedly follow you, or anyone you know.repeatedly communicate with you, or anyone you know, directly or indirectly.repeatedly watch you, or doesn’t 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.2. 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. 3. The person’s conduct causes you to reasonably fear for your safety or the safety of anyone someone you know, if they should . Your fear has to be reasonable. The person does not have known, then these behaviours may still to realize that their conduct is scaring you for it to be criminal harassment.
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.
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.
==What is cyberbullying?== 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 behaviour 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. Cyberbullying may also be defamation. The 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 240, called “Defamation: Libel and Slander”, has more on this.  What can you do if someone is stalking, harassing, or cyberbullying you?
Cyberbullying First, if the harassment is attempted communication with you, tell the person to stop. Otherwise, they may also be defamationnot 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. The ''Criminal Code'' (section 300) outlaws publishing a defamatory libel – material publishedKeep letters, notes, voicemail messages, emails, texts, instant messages, without lawful justification or excuseand social media and internet posts. Give them to the police.If the harassment happens at school, likely report it to injure the reputation of any person by exposing them school authorities, as well as to hatredthe police. If it happens at work, contempt report it to your boss (or ridiculea co-worker, especially if the boss is the one harassing you), plus the police. Report cyberbullying or designed other harassing communication to insult your internet or cell phone company. Most companies have policies on acceptable use of their services, and can cancel the personservice of a customer who violates those policies. But criminal defamation The company can also help police find a cyberbully who is rareusing their network. More common is civil defamation – communication about If you get a harassing phone call on a person landline, dial *57 immediately when the call ends. The phone company will record the phone number that tends 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 hurt their reputationmore information on these orders are listed at the start of this script. Script [[Defamation: Libel and Slander What happens after you report the problem?If a person is charged with criminal harassment or distributing an intimate image without consent, Crown Counsel (the prosecutor) makes the case against (Script 240or prosecutes)|240]]them. The prosecutor may proceed by indictment for serious cases, called “Defamation: Libel and Slander”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, has more on thisand then the maximum penalty is either a fine or 6 months in jail, or both.
==What can you do if someone The first stage of any criminal proceeding is stalking, harassing, or cyberbullying you?==#First, if the harassment is attempted communication with you, tell generally an application by the accused person to stop. Otherwisefor judicial interim release, 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 donealso known as bail. 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 court grants bail to the school authoritiesa person, as well as to the police. If it happens at work, report it will usually order them not to your bosscontact you directly or through another person, plus the police.#Report cyberbullying or other harassing communication to go anywhere near your internet home, school, or cell phone company. Most companies have policies on acceptable use place of their services, and can cancel the service of a customer who violates those policieswork. The company can It may also help police find a cyberbully who is ban them from 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 callinternet, so the police can get it. If you receive harassing calls depending on your cell phone, call the phone company for help in tracking details of the calls.#You can also seek a civil restraining order in court. But to do this, you need legal advicecrime they’re charged with.
==What happens after you report If the problem?==If a person is charged with criminal harassmentdisobeys those terms, crown counsel (the prosecutor) makes the case against (court may revoke, or prosecutes) themcancel, their bail. The prosecutor Then they may proceed by indictment for serious cases, and then be charged with a separate offence of breaching their bail conditions. If the maximum penalty person is 10 years in denied bail and sent to jail. Or until a trial or a guilty plea, the prosecutor may proceed by summary conviction for less serious casesask the court to order that the person have no contact with you from jail. Again, and then if the maximum penalty is either person charged disobeys this order, they may be charged with a fine or 6 months in jail, or bothseparate offence.
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 a court grants bail to finds a personguilty, it will usually order them not to contact you directly of criminal harassment or through another persondistributing an intimate image without consent, after a guilty plea or go anywhere near your hometrial, school, or place of workit can impose many different sentences. If The court will choose a sentence based on the person disobeys those terms, 's criminal record and the court may revoke, or cancel, their bail. Then they may be charged with a separate offence severity of breaching their bail conditionscrime. If the person is denied bail and is not sent to jail until a trial or a guilty plea, they will usually be ordered to obey certain conditions similar to the prosecutor may ask conditions imposed at the bail stage. For example, a court to will normally order that the a person convicted of criminal harassment to have no contact with you directly or indirectly, to stay away from jailyour home and workplace, and to not own or carry any weapons. Again, if A court may also ban a convicted person from using the internet. And a court may order a convicted person charged disobeys this orderto take counseling, they may be charged with a separate offenceif it might help.
If a court finds a person guilty, of criminal harassment, 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 order a convicted person to take counseling, if it might help.More information
==More information==Learn more about what to do from the following sources:*The Victim LinkLine at 1.800.563.0808, available 24 hours a day. The website is [http://www.victimlinkbc.ca www.victimlinkbc.ca]].*The BC Ministry of Justice: search for “stalking” at [http://www.gov.bc.ca/justice www.gov.bc.ca/justice].*The Cyberbullying resource page at [http://www.cyberbullying.ca www.cyberbullying.ca].*Web Aware at [http://www.bewebaware.ca www.bewebaware.ca]. Click on “cyberbullying”.*The Canada Safety Council at [http://www.safety-council.org www.safety-council.org]. Search for “cyber bullying”.VictimsInfo.ca Domestic Violence
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