criminal harassement Flashcards
Criminal Harassment CC264
Prohibited conduct:
Repeatedly following from place to place the other person or anyone known to them.
Repeatedly communicate with, either directly or indirectly, the other person or anyone known to them
Besetting or watching the dwelling-house, or place where the other person, pr anyone known to them, resides, works, carries on business or happens to be; or
Engaging in threatening conduct directed at the other person or any member of their family
264(1) Criminal Harassment:
264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
elements to substantiate a charge of criminal harassment:
Must be established that the accused knew the victim was being harassed, or the accused was reckless or willfully blind as to whether the victim was being harassed, and
the conduct of the accused caused the victim to fear for their safety or that of a person known to them
the victims fear must be reasonable
what are the three types of stalkers?
erotomania (false belief that victim is in love
Love Obsessional (stranger to victim and believes they just have to convince them they are the perfect person)
Simple obsession (known to victim e.g. ex spouse or ex-lover)
162.1 Publication of intimate image w/o consent:
162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct,
punishment of criminal harassment:
14 years or summary conviction
