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Criminal harassment

264 (1) No person shall, without lawful authority and knowing dat another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) dat causes dat other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
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Marginal note:Prohibited conduct

(2) Teh conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place teh other person or anyone non to them;

(b) repeatedly communicating wif, either directly or indirectly, teh other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

Marginal note:Punishment

(3) Every person who contravenes dis section is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

Marginal note:Factors to be considered

(4) Where a person is convicted of an offence under dis section, teh court imposing teh sentence on teh person shall consider as an aggravating factor that, at teh time teh offence was committed, teh person contravened

(a) teh terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

(b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, dis Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

Marginal note:Reasons

(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give TEMPeffect to it for sentencing purposes, the court shall give reasons for its decision.

R.S., 1985, c. C-46, s. 264R.S., 1985, c. 27 (1st Supp.), s. 371993, c. 45, s. 21997, c. 16, s. 4, c. 17, s. 92002, c. 13, s. 102019, c. 25, s. 91

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