Stalking & Harassment in Spain: Legal Defence Guide
In this article
Key Takeaways
- No violence required
- Disruption of daily life
- Prison 3 months–2 years
- Cyberstalking included
The offence of stalking or harassment (Art. 172 ter CP) punishes persistent, insistent hounding that seriously disrupts the victim's everyday life, through surveillance, contact by any means, misuse of their personal data or attacks on their freedom or property. The key to the offence is not mere annoyance, but that the conduct forces the victim to change their habits. The basic penalty is imprisonment of three months to two years or a fine of six to twenty-four months, aggravated where the victim is or has been the stalker's partner or is a vulnerable person.
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The offence of stalking or harassment (Article 172 ter of the Spanish Criminal Code, CP) is a relatively recent figure in our legal system, introduced to fill a gap: behaviours that, without amounting to direct threats ("I'm going to kill you") or violent coercion, plunge the victim into a state of constant distress through obsessive and persistent pursuit.
As criminal lawyers, we have seen this offence soar with the rise of new technologies (cyberstalking). In this 2026 guide, we set out the key issues for both the defence and the prosecution.
What exactly is stalking?
The Spanish Supreme Court defines stalking as a course of conduct involving "repeated harassment" with sufficient capacity to seriously disrupt the victim's everyday life. It is not a one-off incident (calling five times in a day), but a pattern of conduct sustained over time.
The statute lists four typical forms of conduct:
- Watching, following or seeking physical proximity to the victim.
- Establishing contact through any means (calls, WhatsApp, emails, social media).
- Improper use of personal data to buy products in the victim's name or contract services (sending food to the victim's home, signing them up on dating sites).
- Attacks on the victim's liberty or property, or on that of people close to them.
The key element: disruption of everyday life
This is the defence's battleground. For the offence of stalking to exist, mere annoyance is not enough. The conduct must force the victim to change their habits: change phone number, alter the route to work, close down their social media accounts or require company when going out. If defence counsel can show that the victim carried on with normal life, the offence does not exist (or is downgraded to minor coercion).
What penalties am I facing?
The basic offence carries a penalty of 3 months to 2 years in prison, or a fine of 6 to 24 months. There are, however, very common aggravating circumstances:
- Victim of gender-based violence: If the stalker is or has been the victim's partner, the penalty rises (prison from 6 months to 2 years) and the case is heard by the specialist Courts on Violence against Women.
- Vulnerable victims: Minors, the elderly or persons with disabilities.
In addition to prison, a restraining order is almost always imposed and may last up to 5 years longer than the prison sentence.
Differences from threats and coercion
It is essential not to confuse them:
- Threats: Announcing a future harm ("I'm going to burn your car"). Stalking does not require announcing any harm; it is enough simply to be there insistently.
- Coercion: Using force or violence to prevent someone from doing something or to compel them to do it. Stalking attacks the sense of security, not necessarily immediate freedom of movement.
Cyberstalking and harassment on social media
Today, the vast majority of cases involve digital evidence. Creating fake profiles to contact someone who has blocked you, sending hundreds of emails ("bombing") or obsessively monitoring "likes" can amount to stalking if it is repeated. The technological side of the defence involves the forensic examination of devices to confirm or rebut the authorship of those messages, and to determine whether there really was a "block" or whether the communication was mutual.
Defence Strategy
If you are charged with stalking or harassment, the defence usually turns on:
- Lack of repetition: Showing that the events were isolated.
- Mutual interaction: Producing messages in which the victim also replied or invited contact.
- No disruption to daily life: Showing that the victim continued posting party photos on Instagram or living a normal life during the alleged stalking or harassment.
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Frequently asked questions
What exactly is the offence of stalking?
Art. 172 ter CP punishes harassment through persistent and insistent hounding that seriously disrupts the victim's everyday life. The law lists four typical forms of conduct: watching or seeking physical proximity to the victim, establishing contact by any means, misusing their personal data, and attacking their liberty or property or that of people close to them.
When does annoying conduct become the offence of stalking?
Mere annoyance is not enough: the conduct must force the victim to change their habits (change phone number, alter their routes, close down their social media accounts or need company). If the defence can show that the victim carried on with normal life, the offence does not exist or is downgraded to minor coercion.
What penalties does the offence of stalking carry?
The basic offence carries a penalty of 3 months to 2 years in prison or a fine of 6 to 24 months. There are common aggravating circumstances when the stalker is or has been the victim's partner — heard then by the Courts on Violence against Women — or when the victim is a minor, elderly or a person with disabilities. A restraining order is also usually imposed.
How does stalking differ from threats and coercion?
Threats announce a future harm; coercion uses force or violence to prevent someone from doing something or to compel them to do it. Stalking does not require announcing any harm or preventing movement: it attacks the sense of security through an obsessive and insistent pursuit sustained over time.
Is harassment on social media (cyberstalking) also a crime?
Yes. Creating fake profiles to contact someone who has blocked you, sending hundreds of messages or obsessively monitoring someone can amount to stalking if it is repeated. The technological side of the defence involves the forensic examination of devices to establish authorship and whether the communication was really one-sided or mutual.
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