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A BILL FOR A LAW TO AMEND THE PENAL CODE (2018 REVISION) TO INTRODUCE THE OFFENCE OF STALKING; AND FOR INCIDENTAL AND CONNECTED PURPOSES The Penal Code (Amendment) (No. 2) Bill, 2018 THE PENAL CODE (AMENDMENT) (NO. 2) BILL, 2018 MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Penal Code (2018 Revision) in order to introduce the offence of stalking. Clause 1 of the Bill provides the short title. Clause 2 provides for the repeal of section 155 of the Penal Code (2018 Revision) and seeks to replace it with provisions which set out the elements to be satisfied before the offence of stalking is constituted, the types of acts that form the offence and the defences available. Clause 3 provides for the transitional and savings provisions. The Penal Code (Amendment) (No. 2) Bill, 2018 A BILL FOR A LAW TO AMEND THE PENAL CODE (2018 REVISION) TO INTRODUCE THE OFFENCE OF STALKING; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"This Law may be cited as the Penal Code (Amendment) (No. 2) Law, 2018 .\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"The Penal Code (2018 Revision) is amended by repealing section 155 and substituting the following section - \u201cStalking 155. (1) A person stalks another person if the firstmentioned person intentionally engages in a course of conduct specified under subsection (2), which - (a) is directed towards the secondmentioned  person; (b) occurs on two or more occasions within a period of twelve months; (c) causes the second-mentioned person to fear for the second-mentioned person\u2019s safety or the safety of someone known to the second mentioned person; (d) would cause a reasonable person to fear for the second mentioned person\u2019s safety or the safety of someone known to the second-mentioned person; and (e) the first-mentioned person knows or Short title Repeal and substitution of section 155 of the Penal Code (2018 Revision) - watching and besetting The Penal Code (Amendment) (No. 2) Bill, 2018 ought to know would cause the second mentioned person to fear for the second mentioned person\u2019s safety or the safety of someone known to the secondmentioned person. (2) For the purposes of subsection (1), a course of conduct in relation to a person includes - (a) watching, besetting or loitering near that person; (b) approaching or entering a place where that person resides, works or visits; (c) preventing or hindering access to or from that person\u2019s place of residence, business, employment, learning or any other location which that person visits; (d) following or accosting that person; (e) entering or interfering with that person\u2019s property; (f) engaging in verbal, written, electronic or any other form of communication with that person; (g) giving offensive, abusive or threatening material to that person or leaving it where it will be found by, given to, or brought to the attention of that person; (h) sending, delivering or showing to that person letters, images, telegrams, packages, facsimiles or electronic messages; (i) acting covertly in a way that could reasonably be expected to arouse apprehension or fear in that person; or (j)  intimidating, harassing or molesting that person. (3) A person who stalks another person commits an offence and is liable- (a) on conviction on indictment, to a fine or to imprisonment for a term of four years or both; or (b) on summary conviction, to a fine of five thousand dollars or to imprisonment for a term of one year or both. The Penal Code (Amendment) (No. 2) Bill, 2018 (4) A course of conduct under subsection (2) may be the same course of conduct, or different courses of conduct pursued on each occasion in a public or a private place. (5) A police officer may arrest, without a warrant, anyone he reasonably suspects is committing an offence under this section. (6) A police officer may, without a warrant, enter any premises for the purpose of giving assistance to any one present on the premises - (a) if the police officer has reasonable cause to suspect that a person is committing an offence under subsection (3); or (b) if the police officer  has reasonable cause to suspect that a protection order made under the Stalking (Civil Jurisdiction) Law, 2018 is being contravened. (7) It is a defence for a person charged with an offence under this section to show that - (a) the person\u2019s conduct was pursued for the purpose of preventing or detecting a crime; (b) the person\u2019s conduct was pursued under an enactment or a rule of law; (c) the person\u2019s conduct was pursued in order to comply with a condition or requirement imposed by another person acting under an enactment; (d)  the person\u2019s conduct was reasonable for the protection of that person or another person or for the protection of the firstmentioned person\u2019s property or the property of another; or (e) the person had no reason to believe that there was any person within hearing or sight who was likely to be put in fear as a result of the first-mentioned person\u2019s conduct.\u201d. The Penal Code (Amendment) (No. 2) Bill, 2018\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"(1) Any matter or proceeding commenced in any court in relation to an accused person immediately before the date of the commencement of this amending Law shall be continued, completed and enforced as if this amending Law was not in force. (2) Where - (a) prior to the date of commencement of this amending Law, an accused person is convicted following a trial or a plea of guilty to an offence; and (b) at the date of commencement of this amending Law, no judgment or sentence has been passed upon the accused person in respect of the offence, the accused person shall, for the purpose of the judgment or sentence, be dealt with in all respects as if this amending Law had not come into force. (3) Where, at the date of commencement of this amending Law, any trial is or any proceedings are pending in respect of an offence before a court, the trial or proceedings shall, after that date, be dealt with in all respects as if this amending Law was not in force. Passed by the Legislative Assembly the         day of , 2018. Speaker. Clerk of the Legislative Assembly. 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(1) A person stalks another person if the firstmentioned person intentionally engages in a course of\nconduct specified under subsection (2), which -\n(a)\nis\ndirected\ntowards\nthe\nsecondmentioned  person;\n(b) occurs on two or more occasions within\na period of twelve months;\n(c)\ncauses the second-mentioned person to\nfear for the second-mentioned person\u2019s\nsafety or the safety of someone known to\nthe second mentioned person;\n(d) would cause a reasonable person to fear\nfor the second mentioned person\u2019s\nsafety or the safety of someone known to\nthe second-mentioned person; and\n(e)\nthe first-mentioned person knows or\nShort title\nRepeal and substitution\nof section 155 of the\nPenal Code (2018\nRevision) - watching\nand besetting\n\nThe Penal Code (Amendment) (No. 2) Bill, 2018\n\n4\n\nought to know would cause the second\nmentioned person to fear for the second\nmentioned person\u2019s safety or the safety\nof someone known to the secondmentioned person.\n(2) For the purposes of subsection (1), a course of\nconduct in relation to a person includes -\n(a)\nwatching, besetting or loitering near that\nperson;\n(b) approaching or entering a place where\nthat person resides, works or visits;\n(c)\npreventing or hindering access to or from\nthat\nperson\u2019s\nplace\nof\nresidence,\nbusiness, employment, learning or any\nother location which that person visits;\n(d) following or accosting that person;\n(e)\nentering or interfering with that person\u2019s\nproperty;\n(f)\nengaging in verbal, written, electronic or\nany other form of communication with\nthat person;\n(g) giving offensive, abusive or threatening\nmaterial to that person or leaving it\nwhere it will be found by, given to, or\nbrought to the attention of that person;\n(h) sending, delivering or showing to that\nperson\nletters,\nimages,\ntelegrams,\npackages,\nfacsimiles\nor\nelectronic\nmessages;\n(i)\nacting covertly in a way that could\nreasonably\nbe\nexpected\nto\narouse\napprehension or fear in that person; or\n(j)  intimidating, harassing or molesting that\nperson.\n(3) A person who stalks another person commits\nan offence and is liable-\n(a)\non conviction on indictment, to a fine or\nto imprisonment for a term of four years\nor both; or\n(b) on summary conviction, to a fine of five\nthousand dollars or to imprisonment for\na term of one year or both.\n\nThe Penal Code (Amendment) (No. 2) Bill, 2018\n\n5\n(4) A course of conduct under subsection (2) may\nbe the same course of conduct, or different courses of\nconduct pursued on each occasion in a public or a private\nplace.\n(5) A police officer may arrest, without a warrant,\nanyone he reasonably suspects is committing an offence\nunder this section.\n\n(6) A police officer may, without a warrant, enter\nany premises for the purpose of giving assistance to any\none present on the premises -\n\n(a)\nif the police officer has reasonable cause\n\nto suspect that a person is committing an\n\noffence under subsection (3); or\n\n(b) if the police officer  has reasonable cause\n\nto suspect that a protection order made\n\nunder the Stalking (Civil Jurisdiction)\n\nLaw, 2018 is being contravened.\n(7) It is a defence for a person charged with an\noffence under this section to show that -\n(a)\nthe person\u2019s conduct was pursued for the\npurpose of preventing or detecting a\ncrime;\n(b) the person\u2019s conduct was pursued under\nan enactment or a rule of law;\n(c)\nthe person\u2019s conduct was pursued in\norder to comply with a condition or\nrequirement imposed by another person\nacting under an enactment;\n(d)  the person\u2019s conduct was reasonable for\nthe protection of that person or another\nperson or for the protection of the firstmentioned person\u2019s property or the\nproperty of another; or\n(e)\nthe person had no reason to believe that\nthere was any person within hearing or\nsight who was likely to be put in fear as\na result of the first-mentioned person\u2019s\nconduct.\u201d.\n\nThe Penal Code (Amendment) (No. 2) Bill, 2018\n\n6\n3.\n(1) Any matter or proceeding commenced in any court in relation to an\naccused person immediately before the date of the commencement of this\namending Law shall be continued, completed and enforced as if this amending\nLaw was not in force.\n(2) Where -\n(a)\nprior to the date of commencement of this amending Law, an\naccused person is convicted following a trial or a plea of guilty to\nan offence; and\n(b) at the date of commencement of this amending Law, no judgment\nor sentence has been passed upon the accused person in respect\nof the offence,\nthe accused person shall, for the purpose of the judgment or sentence, be dealt\nwith in all respects as if this amending Law had not come into force.\n(3) Where, at the date of commencement of this amending Law, any trial\nis or any proceedings are pending in respect of an offence before a court, the trial\nor proceedings shall, after that date, be dealt with in all respects as if this\namending Law was not in force.\n\nPassed by the Legislative Assembly the         day of\n\n         , 2018.\n\nSpeaker.\n\nClerk of the Legislative Assembly.\nTransitional and savings\nprovisions","akn_extracted_at":"2026-06-22 15:41:27.462819+00","cms_id":"2018-0027","law_type":"bill","year":"2018","number":"27","title":"Education Regulations, 2017 (Validation) Order, 2018","status":"bill"},"provenance":{"files":[{"file_id":"6953","expr_id":"2154","kind":"akn_xml","filename":"2018-0027.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0027\/2018-0027.akn.xml","content_md5":"6fb50e8e49ae830934911a951ed61701","byte_size":"9120","http_last_modified":null,"fetched_at":"2026-06-22 15:41:27.509228+00"},{"file_id":"4307","expr_id":"2154","kind":"pristine_pdf","filename":"2018-0027.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0027\/2018-0027.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2018\/2018-0027\/2018-0027.pdf","content_md5":"61ea3e5933a8b94d3565a55ad500918d","byte_size":"108406","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.258181+00"},{"file_id":"4308","expr_id":"2154","kind":"working_pdf","filename":"2018-0027.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0027\/2018-0027.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0027\/2018-0027.pdf","content_md5":"61ea3e5933a8b94d3565a55ad500918d","byte_size":"108406","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.258181+00"}],"paragraph_count":2,"latest_history":null},"quality":{"expr_id":"2154","doc_id":"2154","quality_state":"known_issue","quality_score":"71","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1}","finding_summary":"stored title is not visible in the opening extracted text; 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