(1) A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime and is liable ¾

(a) where the offence is committed in circumstances of aggravation, to imprisonment for 8 years; and

(b) in any other case, to imprisonment for 3 years.

Summary conviction penalty:

(c) in a case to which paragraph (a) applies: Imprisonment for 2 years or a fine of $8 000;

(d) in a case to which paragraph (b) applies: Imprisonment for 18 months or a fine of $6 000.

(2) A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence.

Penalty: Imprisonment for 12 months or a fine of $4 000.

(3) It is a defence to a charge under this section to prove that the accused person acted with lawful authority.

[Section 338E inserted by No. 38 of 1998 s. 4(1).]