Victorian Current Acts

CRIMES ACT 1958 - SECT 31D

    (1)     A person commits an offence if—

        (a)     the person uses or procures the use of intimidation towards another person (the  victim ); and

        (b)     the victim is a law enforcement officer or a family member of a law enforcement officer; and

        (c)     the use or procuring of intimidation is for reasons related to the victim being a law enforcement officer or a family member of a law enforcement officer.

    (2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

    (3)     For the purposes of subsection (1)(a), a person uses "intimidation" towards a victim if—

        (a)     the person engages in conduct that could reasonably be expected to arouse apprehension or fear in the victim for the safety of the victim; and

        (b)     either—

              (i)     the person knows that engaging in that conduct would be likely to arouse that apprehension or fear; or

              (ii)     in all the particular circumstances, the person ought to have known that engaging in that conduct would be likely to arouse that apprehension or fear.

    (4)     Subsection (3) applies whether or not the conduct arouses apprehension or fear in the victim.

    (5)     In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that conduct in respect of a victim referred to in paragraph (d), (e), (f) or (g) of the definition of law enforcement officer in subsection (8) was engaged in without malice—

        (a)     in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging the publication, of news or current affairs material); or

        (b)     for the purposes of an industrial dispute; or

        (c)     for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.

    (6)     For the purposes of this section a single act may amount to intimidation.

    (7)     For the purposes of this section, it is immaterial—

        (a)     that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the victim was in Victoria at the time at which that conduct occurred; or

        (b)     that the victim was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria; or

        (c)     some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria and the victim was outside Victoria at the relevant time or times, so long as the conduct is for reasons related to the victim being a law enforcement officer in Victoria, or a family member of a law enforcement officer in Victoria.

    (8)     In this section—

family member has the meaning given in section 8 of the Family Violence Protection Act 2008 ;

"law enforcement officer" means a person who is—

        (a)     a police officer; or

        (b)     a protective services officer; or

        (c)     a police custody officer within the meaning of the Victoria Police Act 2013 ; or

        (d)     a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986 ; or

        (e)     authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or

        (f)     authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection; or

        (g)     a youth justice custodial worker within the meaning of the Children, Youth and Families Act 2005 .

New s. 32
inserted by No. 46/1996
s. 4.