Stalking and Intimidation NSW: Charges, Penalties and Defences

A string of angry text messages after a break up. Turning up outside someone's work. A tracking app on a partner's phone. Many people charged with stalking or intimidation never thought of their behaviour as a crime, yet it is one of the fastest growing charges in NSW courts.

This guide explains stalking and intimidation NSW law in plain English: what the offence is, what counts as stalking and intimidation, the penalties, the AVO that comes with the charge, the 2026 covert stalking reforms, possible defences and what to do if you have been charged.

The Offence: Section 13 Stalking or Intimidation

Section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 says a person who stalks or intimidates another person with the intention of causing them to fear physical or mental harm is guilty of an offence. To prove an intimidation charge or a stalking charge, the prosecution must prove beyond reasonable doubt that:

1. You stalked or intimidated the other person
2. You intended to cause them to fear physical or mental harm

Two parts of section 13 make the offence easier to prove than most people expect:

• Knowledge counts as intention. Under section 13(3), you are taken to intend to cause fear if you knew your conduct was likely to cause fear in the other person.
• The victim does not need to be afraid. Under section 13(4), the prosecution does not have to prove the person actually feared harm. The focus is on what you did and what you intended or knew.

Fear of harm to someone close to the victim also counts. Under section 13(2), causing a person to fear harm to someone they have a domestic relationship with, such as a child or partner, is enough. Attempting to stalk or intimidate is punished in the same way as the completed offence.

What Counts as Intimidation?

Section 7 of the Act defines intimidation broadly. It includes:

• Harassment or molestation, including cyberbullying such as publishing or sending offensive material on social media or by email
• An approach by any means, including phone calls, text messages and emails, that causes the person to fear for their safety
• Conduct that causes a reasonable apprehension of injury to the person or someone they live with or are related to, violence to any person, damage to property, or harm to their pet

The Act also gives "outing" as an example of harassment. Intentionally disclosing, or threatening to disclose, a person's sexual orientation, gender history, HIV status or sex work history without their consent can amount to intimidation.

Intimidation does not have to involve a direct threat. Verbal threats, aggressive messages, standing over someone or smashing their property in front of them can all be enough. That is why verbal threats and intimidation NSW cases are so common in the Local Court.

What Counts as Stalking?

Section 8 says stalking includes:

• Following a person about
• Watching or frequenting the area near a person's home, work or business, or any place they go for social or leisure activities
• Monitoring or tracking a person's activities, communications or movements, whether by technology or in another way, and whether or not you contact them
• Contacting or approaching a person through the internet or any other technology

The monitoring and tracking part was added in late 2024 to deal with technology such as GPS trackers, AirTags, location sharing apps and spyware. Secretly checking a partner's phone location or reading their messages through a shared account can now fall within the definition of stalking.

For both stalking and intimidation, the court can consider any pattern of violence in your behaviour, especially domestic violence. A history of previous incidents can turn conduct that looks minor on its own into a serious charge.

Is Stalking a Crime in Australia?

Yes. Is stalking illegal in Australia? It is a criminal offence in every Australian state and territory, and using a phone or the internet to menace or harass someone can also be a Commonwealth offence under section 474.17 of the Criminal Code Act 1995 (Cth), with a maximum penalty of 5 years in prison. In NSW, most cases are charged under section 13 of the Crimes (Domestic and Personal Violence) Act. So if you are asking is stalking a crime in Australia, the answer is yes, and it is taken very seriously.

Stalking and Intimidation Penalties in NSW

The penalties below were confirmed against the current Act and the Judicial Commission of NSW Lawcodes database. One penalty unit is $110.

Is There a Minimum Penalty?

No. If you are facing an intimidation charge NSW police have laid, you may be looking for the intimidation charge NSW minimum sentence, but there is no minimum penalty for a section 13 offence. The court can choose any sentence up to the maximum, including:

• A dismissal under section 10 without a conviction
• A conditional release order, with or without a conviction
• A fine
• A community correction order
• An intensive correction order served in the community
• Full time imprisonment

Which Court Will Hear the Charge?

Section 13 is a "Table 2" offence under the Criminal Procedure Act 1986 (NSW). That means it is dealt with in the Local Court unless the prosecution elects to take it to the District Court. Most stalking charges are finalised in the Local Court, where the maximum prison term is 2 years.

What Affects the Sentence?

Courts treat unlawful stalking and intimidation seriously, especially in a domestic violence setting. Factors that affect the sentence include:

• How long the conduct went on and how many incidents there were
• Whether there were explicit threats of violence, or weapons were mentioned
• Whether the conduct breached an existing AVO or bail conditions
• The impact on the victim, including any victim impact statement
• Your criminal history, especially previous domestic violence offences
• Your plea, remorse and any steps you have taken, such as counselling or a behaviour change program

The AVO That Comes With the Charge

A section 13 charge almost always brings an apprehended violence order with it. If a person is charged with an offence covered by section 40(5), the court must make an interim AVO unless it is satisfied that one is not necessary (sections 40(1) and (3)). Under section 39, if you plead guilty or are found guilty, the court must make a final AVO.

If the court makes an ADVO under section 39 against an offender who was 18 or older when the offence was committed, and sentences them to full-time imprisonment (not an intensive correction order), the order lasts for the full sentence, including any parole period, plus two years (sections 39(2A)–(2C)). The court can set a different period if there is good reason to do so. Breaching the AVO is a separate criminal offence, so it is vital to read and follow the conditions from the day it is made.

If the other person is a current or former partner, a relative or someone you live with, the charge is a domestic violence offence. It will be recorded as domestic violence related on your criminal record, and it can affect your bail, your firearms licence, your working with children check and family law proceedings.

Bail for Stalking and Intimidation Charges

Bail laws for domestic violence matters were tightened in 2024. When deciding bail, a court must now consider "red flag" behaviour that could amount to domestic abuse, and that list specifically includes stalking and intimidation. The views of the alleged victim about safety are also considered. If you or a family member has been refused bail, our guide to bail applications in NSW explains how to apply again.

Stalking and Intimidation Charges Are Rising

Figures released by the NSW Bureau of Crime Statistics and Research in September 2026 show that adult court proceedings for domestic violence related intimidation rose by 19.4% over the two years to June 2026. BOCSAR said the increase was driven by more recorded incidents and more police action when incidents are reported.

In practice, that means police are more likely than ever to lay a charge, even for conduct that happened mostly online. Screenshots, phone records, social media accounts and location data are now the main evidence in many stalking and harassment charges.

The 2026 Covert Stalking Reforms

The current offence requires an intention or knowledge that the conduct is likely to cause fear. That can be hard to prove if the person did not know they were being watched. To close this gap, the NSW Government introduced the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 on 5 May 2026. According to the government's announcement, the bill would:

• Create a new offence of covert stalking, covering secret monitoring that would reasonably cause fear of physical or mental harm if the person knew about it
• Make it an offence to direct someone else, such as a private investigator, to stalk a person
• Make it an offence to advertise a surveillance device in a way that encourages unlawful use

The government relied on the NSW Crime Commission's Project Hakea report, which found that between 2010 and 2023, 82% of people charged by NSW Police with unlawfully using a tracking device were committing domestic violence offences. The bill would not cover parents monitoring their children's safety or following someone on social media out of genuine interest.

The Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 was introduced on 5 May 2026 and passed Parliament on 20 October 2026. As at 21 October 2026, it is awaiting Royal Assent. The new stalking provisions will start on a date set by proclamation, so they are not yet in force.

Defences to a Stalking or Intimidation Charge

Being charged is not the same as being guilty. Depending on the evidence, possible defences and arguments include:

• No intention or knowledge. The prosecution must prove you intended to cause fear of physical or mental harm, or knew your conduct was likely to. Clumsy or emotional messages are not always enough.
• The conduct was not stalking or intimidation. A single lawful contact, a chance meeting or a polite request may not meet the definitions in sections 7 and 8.
• Identity. Messages sent from a fake or shared account, or a phone used by others, may not be yours. Police must prove you were the person responsible.
• Lawful purpose. Contact for a genuine reason, such as arranging care of children under a family law order, needs to be judged in context.
• Unreliable evidence. Screenshots can be edited or taken out of context, and the full message history may tell a different story.
• Mental health. If you have a mental health condition or cognitive impairment, the charge may be able to be dealt with under the mental health provisions instead of the criminal law. See our page on section 14 mental health applications.

If the evidence is strong, a guilty plea with good preparation can still lead to a much better outcome, sometimes without a conviction being recorded.

What to Do If You Are Charged With Intimidation

If you have been charged with intimidation or stalking, the steps you take in the first few days can make a big difference:

1. Stop all contact. Do not message, call, post about or approach the other person, even to apologise. Any contact can breach your bail or the AVO and lead to further charges.
2. Read your bail and AVO conditions carefully. Make sure you understand exactly what you can and cannot do, including through friends or social media.
3. Do not delete anything. Deleting messages or accounts can look like hiding evidence and may lead to more charges. Keep your full message history, which may help your case.
4. Do not talk to police about the allegations without advice. You have the right to remain silent. Read our guide to your rights during police questioning.
5. Get legal advice before your first court date. A lawyer can review the police facts, negotiate changes to the charge or the AVO, and advise you on a plea.
6. Start preparing early. Counselling, a behaviour change program and character references can all help if the matter proceeds to sentence.

Frequently Asked Questions

What is the penalty for stalking in NSW?

The maximum penalty for stalking or intimidation under section 13 is 5 years in prison and/or a $5,500 fine. If the case is dealt with in the Local Court, the maximum prison term is 2 years. There is no minimum penalty.

Is there a minimum sentence for an intimidation charge in NSW?

No. There is no minimum sentence. Outcomes range from a dismissal without conviction under section 10 to a prison sentence, depending on the facts and your history.

Can you be charged with intimidation for text messages?

Yes. Intimidation includes an approach by text message, phone call, email or social media that causes a person to fear for their safety, and harassment including cyberbullying. Many charges are based entirely on messages.

Does the victim have to be scared for it to be stalking?

No. The prosecution does not have to prove the person actually feared harm. It must prove you intended to cause fear of physical or mental harm, or knew your conduct was likely to cause it.

Will I get an AVO if I am charged with stalking or intimidation?

Almost always. If a person is charged with an offence covered by section 40(5), the court must make an interim AVO unless it is satisfied that one is not necessary (sections 40(1) and (3)). A final AVO must be made if you plead guilty or are found guilty, unless an order is not needed.

Is tracking someone's phone stalking in NSW?

It can be. Since late 2024, stalking includes monitoring or tracking a person's activities, communications or movements using technology, even if you never contact them. A separate covert stalking offence passed Parliament on 20 October 2026 but is not yet in force.

Can a stalking charge be dropped?

Yes. Police can withdraw a charge if the evidence is weak, and a lawyer can negotiate with the prosecution to have a charge withdrawn or replaced with a less serious one. The other person cannot simply drop the charge, because the prosecution is run by police.

Talk to a Criminal Lawyer About Your Charge

Stalking offences carry serious consequences that go well beyond the sentence: an AVO, a domestic violence record and limits on where you can go and who you can contact. The earlier you get advice, the more options you have.

Our domestic violence lawyers defend stalking, intimidation and AVO matters in Local Courts across Sydney and NSW. We can review the evidence, explain your options and represent you at every stage.

This article provides general information about NSW law as at October 2026. It is not legal advice. For advice about your situation, speak with a lawyer.