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Legal Statutes: Pennsylvania

UPDATED October 12, 2012

Pennsylvania Statutes

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Chapter 27. Assault

back to top2709.1. Stalking

(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.

History

2002, Dec. 9, P.L. 1759, No. 218, § 2, effective in 60 days.