Harassment
Harassment is a course of conduct on at least two occasions that alarms or distresses someone, where the person responsible knows or ought to know it amounts to harassment. The more serious section 4 offence applies where it makes someone fear, on at least two occasions, that violence will be used against them.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Section 2 harassment, Putting people in fear of violence, Section 4 harassment |
|---|---|
| The law | Protection from Harassment Act 1997, section 2 |
| Where it is tried | section 2 harassment is summary only and is tried in the magistrates' court. Section 4 (putting people in fear of violence) is either way and can be tried in the magistrates' court or the Crown Court. |
| Maximum penalty | Section 2: 6 months' imprisonment and/or an unlimited fine. Section 4: 10 years' imprisonment and/or a fine. Racially or religiously aggravated versions under section 32 of the Crime and Disorder Act 1998 carry up to 2 years (section 2) and 14 years (section 4). The court can also make a restraining order. |
| Sentencing guideline | Harassment/ Stalking/ Racially or religiously aggravated harassment/stalking |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- A course of conduct: conduct on at least two occasions towards the same person (or at least once towards each of two or more people in collective harassment cases). Conduct includes speech, messages and online posts.
- The conduct amounted to harassment, which includes alarming the person or causing them distress.
- The defendant knew, or ought to have known, that it amounted to harassment, judged by what a reasonable person with the same information would think.
- For section 4: the conduct caused the victim to fear, on at least two occasions, that violence would be used against them, and the defendant knew or ought to have known it would.
Defences and common issues
- The conduct was pursued for the purpose of preventing or detecting crime.
- The conduct was pursued under an enactment or rule of law, or to comply with a legal condition or requirement.
- For section 2, the conduct was reasonable in the particular circumstances; for section 4, it was reasonable to protect yourself, another person or property.
- There was no course of conduct, for example there was only one incident or the incidents were too few, far apart or unconnected.
Frequently asked questions
What counts as harassment in law?
Harassment is a course of conduct that causes someone alarm or distress, where the person responsible knows or ought to know it amounts to harassment. It can include repeated unwanted calls, messages, social media posts, turning up at someone's home or work, or spreading rumours. The conduct must be oppressive and unacceptable, not just annoying or unpleasant. Under the Protection from Harassment Act 1997, a course of conduct means at least two occasions involving the same person, and the incidents should be linked.
How many incidents do there need to be for harassment?
There must be at least two incidents directed at the same person for a course of conduct. However, two incidents are not automatically enough. The court looks at whether they are connected in type and context, and the further apart they are, the less likely they are to form a course of conduct. For the more serious section 4 offence, the victim must have feared violence on at least two occasions. A single serious incident may be charged as a different offence instead.
Can I get a restraining order against someone who is harassing me?
A criminal court can make a restraining order when it sentences someone for any offence, and can also make one after an acquittal if it considers it necessary to protect a person from harassment. Breaching a restraining order without reasonable excuse is a criminal offence. Separately, victims can apply to the civil courts for an injunction under section 3 of the Protection from Harassment Act 1997, and in some cases police can apply for a stalking protection order.
Is online harassment a crime?
Yes. Harassment can be committed through emails, texts, direct messages, social media posts or comments, as well as in person. The same test applies: a course of conduct on at least two occasions that the person knows or ought to know amounts to harassment. Depending on the content, online behaviour may also be charged as stalking, controlling or coercive behaviour, or a communications offence, such as sending threatening or grossly offensive messages. Keeping screenshots and records can help police investigate.
What is the maximum sentence for harassment?
Harassment under section 2 of the Protection from Harassment Act 1997 carries up to 6 months' imprisonment and an unlimited fine. Putting people in fear of violence under section 4 carries up to 10 years' imprisonment. If the offence is racially or religiously aggravated, the maximums rise to 2 years and 14 years respectively. Courts follow Sentencing Council guidelines, and a restraining order is common on conviction. These are maximums; actual sentences depend on the facts.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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