Pennsylvania
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
18 Pa.C.S. § 2709.1. Stalking. (2003)
(a) OFFENSE DEFINED.-- A person
commits the crime of stalking
when the person either:
(1)
engages
in a course of conduct or repeatedly commits acts toward another person,
including following the person without proper authority, under circumstances
which demonstrate either an intent to place such other person in reasonable fear
of bodily injury or to cause substantial emotional distress to such other
person; or
(2)
engages
in a course of conduct or repeatedly communicates to another person under
circumstances which demonstrate or communicate either an intent to place
such other person in reasonable fear of bodily injury or to cause substantial
emotional distress to such other person.
(b) VENUE.-
(1)
An
offense committed under this section may be deemed to have been committed at
either the place at which the communication or communications were made or at
the place where the communication or communications were
received.
(2)
Acts
indicating a course of conduct which occur in more than one jurisdiction may be
used by any other jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
(c) GRADING.-
(1)
Except
as otherwise provided for in paragraph (2), a first offense under this section
shall constitute a misdemeanor of the first degree.
(2)
A
second or subsequent offense under this section or a first offense under
subsection (a) if the person has been previously convicted of a crime of
violence involving the same victim, family or household member, including,
but not limited to, a violation of section 2701 (relating to simple assault),
2702 (relating to aggravated assault), 2705 (relating to recklessly
endangering another person), 2901 (relating to kidnapping), 3121 (relating to
rape) or 3123 (relating to involuntary deviate sexual intercourse), an
order issued under section 4954 (relating to protective orders) or an order
issued under 23 Pa.C.S. §
6108 (relating to relief) shall constitute a felony of the third
degree.
(d) FALSE REPORTS.-- A person who
knowingly gives false information to any law enforcement officer with the intent
to implicate another under this section commits an offense under section 4906
(relating to false reports to law enforcement
authorities).
(e) APPLICATION OF SECTION.-- This
section shall not apply to conduct by a party to a labor dispute as defined in
the act of June 2, 1937 (P.L. 1198, No. 308), known as the Labor Anti-Injunction
Act, or to any constitutionally protected activity.
(f)
DEFINITIONS.-- As used in this
section, the following words and phrases shall have the meanings given to them
in this subsection:
"Communicates." To convey a
message without intent of legitimate communication or address by oral,
nonverbal, written or electronic means, including telephone, electronic mail,
Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of actions composed of
more than one act over a period of time, however short, evidencing a continuity
of conduct. The term includes lewd, lascivious, threatening or obscene words,
language, drawings, caricatures or actions, either in person or anonymously.
Acts indicating a course of conduct which occur in more than one jurisdiction
may be used by any other jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of
conduct.
"Emotional distress." A temporary or permanent state
of mental anguish.
"Family or household
member." Spouses or persons who have been spouses, persons living as spouses or
who lived as spouses, parents and children, other persons related by
consanguinity or affinity, current or former sexual or intimate partners or
persons who share biological parenthood.
18 Pa.C.S. § 2709. Harassment. (2003)
(a) OFFENSE DEFINED.-- A person
commits the crime of harassment
when, with intent to harass, annoy or alarm another, the
person:
(1)
strikes, shoves, kicks or
otherwise subjects the other person to physical contact, or attempts or
threatens to do the same;
(2)
follows
the other person in or about a public place or places;
(3)
engages
in a course of conduct or repeatedly commits acts which serve no legitimate
purpose;
(4)
communicates to or about such
other person any lewd, lascivious, threatening or obscene words, language,
drawings or caricatures;
(5)
communicates repeatedly in an
anonymous manner;
(6)
communicates repeatedly at
extremely inconvenient hours; or
(7)
communicates repeatedly in a
manner other than specified in
paragraphs (4), (5) and
(6).
(b) Deleted by 2002, Dec. 9, P.L.
1759, No. 218, § 1, effective in 60
days.
(B.1)
VENUE.--
(1) An
offense committed under this section may be deemed to have
been
committed at either the place at
which the communication or communications were made or at the place where the
communication or communications were received.
(2) Acts indicating a
course of conduct which occur in more than one
jurisdiction may be used by any other jurisdiction in which an act
occurred as evidence of a
continuing pattern of conduct or a course of conduct.
(c) GRADING.-
(1)
An
offense under subsection (a)(1), (2) or (3) shall constitute a summary
offense.
(2)
(i) An offense under subsection (a)(4),
(5), (6) or (7) shall
constitute a misdemeanor of the third
degree.
(d) FALSE REPORTS.-- A person who
knowingly gives false information to any law enforcement officer with the intent
to implicate another under this section commits an offense under section 4906
(relating to false reports to law enforcement
authorities).
(e) APPLICATION OF SECTION.-- This
section shall not apply to conduct by a party to a labor dispute as defined in
the act of June 2, 1937 (P.L. 1198, No. 308), known as the Labor Anti-Injunction
Act, or to any constitutionally protected activity.
(f)
DEFINITIONS.-- As used in this
section, the following words and phrases shall have the meanings given to them
in this subsection:
"Communicates." Conveys
a message without intent of legitimate communication or address by oral,
nonverbal, written or electronic means, including telephone, electronic mail,
Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of
actions composed of more than one act over a period of time, however short,
evidencing a continuity of conduct. Acts indicating a course of conduct which
occur in more than one jurisdiction may be used by any other jurisdiction in
which an act occurred as evidence of a continuing pattern of conduct or a course
of conduct.