TITLE 18. CRIMES AND OFFENSES -- PENNSYLVANIA CONSOLIDATED STATUTES
PART II. DEFINITION OF SPECIFIC OFFENSES
ARTICLE B. OFFENSES INVOLVING DANGER TO THE PERSON
CHAPTER 27. ASSAULT
18 Pa.C.S. õ 2709 (1999)
[Pa.C.S.] õ 2709. Harassment and stalking
(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. õ 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.
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