Pennsylvania
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.
18 Pa.C.S. 7507.1. Invasion of privacy. (2005)
(a)
OFFENSE DEFINED.-- Except as set
forth in subsection (d), a person commits the offense of invasion of privacy
if he, for the purpose of arousing or gratifying the sexual desire of any
person, knowingly does any of the following:
(1)
Views, photographs, videotapes,
electronically depicts, films or otherwise records another person without that
person's knowledge and consent while that person is in a state of full or
partial nudity and is in a place where that person would have a
reasonable expectation of privacy.
(2)
Photographs, videotapes,
electronically depicts, films or otherwise records or personally views
the intimate parts, whether or not covered by clothing, of another person
without that person's knowledge and consent and which intimate parts that
person does not intend to be visible by normal public
observation.
(3)
Transfers or transmits an image
obtained in violation of paragraph (1) or (2) by live or recorded telephone
message, electronic mail or the Internet or by any other transfer of the
medium on which the image is stored.
(a.1) SEPARATE VIOLATIONS.-- A separate
violation of this section shall occur:
(1)
for
each victim of an offense under subsection (a) under the same or similar
circumstances pursuant to one scheme or course of conduct whether at the same
or different times; or
(2)
if a person is a victim of
an offense under subsection (a) on more than one occasion during a
separate course of conduct either individually or
otherwise.
(b)
GRADING.-- Invasion of privacy
is a misdemeanor of the second degree if there is more than one violation.
Otherwise, a violation of this section is a misdemeanor of the third
degree.
(c)
COMMENCEMENT OF PROSECUTION.--
Notwithstanding the provisions of 42 Pa.C.S.
(1)
two
years from the date the offense occurred;
or
(2)
if
the victim did not realize at the time that there was an offense, within
three years of the time the victim first learns of
the offense.
(d)
EXCEPTIONS.-- Subsection (a)
shall not apply if the conduct proscribed by subsection (a) is done by any of
the following:
(1)
Law
enforcement officers during a lawful criminal
investigation.
(2)
Law
enforcement officers or by personnel of the Department of Corrections or
a local correctional facility, prison or jail for security purposes or
during investigation of alleged misconduct by a person in the custody of
the department or local authorities.
(e) DEFINITIONS.-- As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection:
"Full or
partial nudity." Display of all or any part of the human genitals or pubic
area or buttocks, or any part of the nipple of the breast of any female
person, with less than a fully opaque covering.
"Intimate
part." Any part of:
(1)
the
human genitals, pubic area or buttocks; and
(2) the nipple
of a female breast.
"Photographs" or "films." Making any photograph, motion picture
film, videotape or any other
recording or transmission of the image of a person.
"Place where
a person would have a reasonable expectation of privacy." A location where a
reasonable person would believe that he could disrobe in privacy without being
concerned that his undressing was being viewed, photographed or filmed by
another.
"Views." Looking upon another person with the unaided eye or with any device designed or intended to improve visual acuity.
Stalking Law information for this state was obtained from the National Center for Victims of Crime.
The information contained on this website is meant as informational only and should not be interpreted as professional legal advice. We make every effort to be sure that we have the most up to date content and learning resources available, but laws change constantly and this information may not represent the law currently in effect. Please consult with an attorney for professional legal advice.
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