[2021/12/02]
In recent times there have been numerous reports of stalking incidents, leading to concern about criminality. In order to deter crime and to prevent interference in citizens' physical and mental health and their freedom of action through stalking, on 19 November 2021 the Legislative Yuan gave its third and final reading to the new Anti-Stalking Act. The Act was promulgated by the President on 1 December 2021 and will take effect after six months.
The Act defines “stalking” as engaging repeatedly and continually in actions within any of the following eight categories, against the will of another person and in connection with sex or gender:
1. Surveillance, watching, or tracking movements.
2. Tailing, lying in wait, or following another person in their day-to-day activities or at locations they frequent.
3. Threatening, mocking, insulting, discriminatory, hateful, or disparaging speech or actions.
4. Disturbance by means of telephone, facsimile, electronic communication, Internet, or other equipment.
5. Demanding a date or otherwise making advances.
6. Sending, leaving, displaying, or broadcasting text, images, sounds, video or other items.
7. Communicating or displaying information or items that are harmful to the targeted person’s reputation.
8. Ordering goods or services by misuse of a specific person’s identity data or without their permission.
A person found guilty of stalking under the Act may be sentenced to imprisonment for up to one year, or up to five years if the offence was committed while carrying a weapon or other dangerous item.
A person who is targeted by stalking may report such behavior to the police and seek assistance. Upon receiving a complaint of stalking, the police must immediately begin investigations and make a written record. If on investigation the police find grounds for suspicion of criminal stalking, they may issue a written warning to the perpetrator. The victim may apply to the court for a restraining order if the perpetrator engages in stalking activities again within two years after receiving a written warning from the police.
The court may order preventive detention if a perpetrator engages in stalking while carrying a weapon or dangerous item, or breaches the terms of a restraining order, and the court determines that there is a risk of such behavior being repeated.
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