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Offences against life and limb
Stalking and persistent pursuit under section 107a StGB: contact, evidence and defence
Stalking and persistent pursuit under section 107a StGB: risky contact, relevant evidence and defence steps in Austrian criminal proceedings.
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7 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
Stalking under section 107a StGB is not limited to visible pursuit in the street. Messages, calls, contact through third parties, observation or digital traces can become relevant if they are persistent and capable of unreasonably impairing another person's way of life.
This article explains persistent pursuit from a legal perspective. It covers contact, evidence, the distinction from dangerous threat and coercion and first steps where a complaint, contact ban or questioning is at stake.
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Which situation is at stake?
The first assessment depends on whether there is already a complaint, summons, concrete evidence or upcoming hearing.
All paths at a glance
Overview of all answers.
Attend questioning prepared.
Before making a statement, clarify your role, the evidence and whether silence, partial information or a prepared statement is appropriate.
Examine evidence fully and in context.
Individual messages, records or statements can mislead. The timeline, full context and possible exculpatory material matter.
Prepare the hearing actively.
Before the main hearing, evidence applications, mitigating factors, documents and the statement decision should be clarified.
Conduct
Which contacts can matter?
| Conduct | Risk | Defence question |
|---|---|---|
| Messages and calls | Repetition and intensity | How often and in what context? |
| Approaching places | Home, work or everyday routes | Were there objective reasons? |
| Contact through others | Circumventing direct boundaries | Who initiated the contact? |
| Digital observation | Profiles, location, messages | Which evidence is secured? |
Persistent pursuit as an offence
Persistent pursuit as an offence
Section 107a StGB concerns persistent pursuit. The focus is not one isolated contact, but repeated conduct capable of unreasonably impairing the other person's way of life. Persistence, intensity and effect must be examined together.
The defence must reconstruct which contacts occurred when, who initiated them, whether objective reasons existed and whether boundaries were clearly communicated.
Contact, contact ban and escalation risk
Contact, contact ban and escalation risk
After a complaint or protective measure, any further contact is risky. Even apparently harmless messages such as an apology can be read as continuation of the conduct. Contact through friends, family or social media is particularly dangerous.
If a contact ban exists, it must be observed strictly. Uncertainties should not be clarified by direct contact with the other person, but through legal communication or the competent authority.
Evidence and digital traces
Evidence and digital traces
Stalking proceedings often rely on chats, call lists, screenshots, location data, witnesses and police notes. This evidence must be examined fully and chronologically.
Individual screenshots often show only excerpts. The defence should check whether earlier messages are missing, whether communication was mutual and whether technical data support the alleged frequency.
Distinction from threat and coercion
Distinction from threat and coercion
Persistent pursuit can overlap with dangerous threat under section 107 StGB or coercion under section 105 StGB. The offences are still different. Threat focuses on dangerous content, coercion on forced conduct, stalking on persistent impairment of life.
This distinction matters for evidence applications, statement strategy and possible outcomes. Not every relationship conflict is stalking. Conversely, repeated contact can be relevant even without an express threat.
Do not write directly after a complaint. Anyone accused of stalking should not send explanatory messages to the other person. Even an apology can be treated as another contact and make the situation worse.
Frequently asked questions
What you need to know about stalking under section 107a StGB.
Is one message enough for stalking? +
Section 107a StGB usually focuses on persistent, repeated conduct. One message can nevertheless matter if it is part of a series.
May I apologise after a complaint? +
Direct contact is risky, especially where a contact ban or clear refusal exists. Any apology should be assessed legally and not sent through indirect routes.
Which evidence matters? +
Chats, call lists, screenshots, witnesses, location data and the timeline. Completeness matters more than isolated excerpts.
Topics
stalkingpersistent pursuitsection 107a StGBcontact banevidencedefence
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