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Pennsylvania Stalking Laws
18 Pa.C.S. @ 2709 Harassment and stalking. 1997.
(A) HARASSMENT.-- A person commits the crime of harassment when, with intent to harass, annoy or alarm another person:
(1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or
(2) he follows a person in or about a public place or places; or
(3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
(B) STALKING.-- A person commits the crime of stalking when he 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 of the following:
(1) an intent to place the person in reasonable fear of bodily injury; or
(2) an intent to cause substantial emotional distress to the person.
(C) GRADING.--
(1) An offense under subsection (a) shall constitute a summary offense.
(2) (i) An offense under subsection (b) shall constitute a misdemeanor of the first degree.
(ii) A second or subsequent offense under subsection (b) or a first offense under subsection (b) if the person has been previously convicted of any crime of violence involving this same victim, family or household members, 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), 3123 (relating to involuntary deviate sexual intercourse) or 3128 (relating to spousal sexual assault), 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.
(E.1) COURSE 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.
(F) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"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.
"EMOTIONAL DISTRESS." A temporary or permanent state of great physical or mental strain.
"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.
(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.
(Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)
2002 Amendment. Act 218 added section 2709.1. See sections 9
and 10 of Act 218 in the appendix to this title for special
provisions relating to references to section 2709 and references
to section 5504.
Cross References. Section 2709.1 is referred to in sections
2711, 4954, 4955, 5708, 6105 of this title; section 3304 of
Title 5 (Athletics and Sports); sections 5329, 6108, 6344, 6702,
6704, 6711 of Title 23 (Domestic Relations).
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