What are the Stalking Laws in Pennsylvania?

What are the Stalking Laws in Pennsylvania?

Stalking laws in Pennsylvania–like in most states–aim to protect victims from repeated harassment or threats that cause substantial emotional distress. The legal definition of stalking covers a pretty broad range of creepy or threatening behaviors, so it helps to break down the specifics of what’s actually illegal here in PA.

Let’s start with the basics: Pennsylvania’s anti-stalking law is found in Title 18, Section 2709.1 of state code. The law defines stalking as either:

• Engaging in a course of conduct (pattern of actions over time) or repeatedly committing acts that demonstrate an intent to place the victim in fear of bodily injury or cause them substantial emotional distress.
• Repeatedly communicating with the victim in a way that demonstrates intent to place them in fear of bodily injury or cause substantial emotional distress.

So in plain English, stalking involves harassing or threatening someone enough times that they reasonably become afraid for their safety or mental well-being. A single act usually isn’t enough to qualify–it has to be a course of conduct, like repeatedly following someone, sending them unwanted gifts or messages, trespassing on their property, or spying on them.

Cyberstalking–using technology like social media, texting, or spyware to harass–can also violate the law. Some key things that could be considered stalking in PA include:

• Repeatedly calling, emailing, messaging or texting someone who’s asked you to stop
• Posting offensive or threatening comments about someone on social media
• Using GPS to track someone’s location without consent
• Hacking into someone’s email, social media, or other accounts
• Spreading lies or rumors about someone online
• Sending unwanted gifts after being told they’re unwelcome

The victim’s reasonable fear is a key element here–the stalker has to know or should know their conduct is causing substantial distress. If they reasonably should have known, that counts as intent under the law.

Penalties for Stalking in Pennsylvania

A first offense of stalking under 2709.1(a) is a second-degree misdemeanor, punishable by up to 2 years in prison and fines up to $5,000. But stalking penalties get much harsher if:

• The victim is a minor under 18, which makes it a third-degree felony with up to 7 years imprisonment.
• The stalker has a previous conviction for a violent crime against the same victim, which makes it a third-degree felony.
• The stalker violates a protection from abuse (PFA) order, which makes it a first-degree felony with up to 10 years imprisonment.

Stalking can also lead to losing gun ownership rights in Pennsylvania. Those convicted of misdemeanor stalking can’t legally possess firearms for 5 years under state law.

What’s the Difference Between Stalking and Harassment in PA?

There’s definitely overlap between stalking and Pennsylvania’s harassment law–Section 2709. Harassment is also a repeated course of conduct that seriously alarms or annoys someone, but there are some key differences:

• Stalking requires intent to cause fear/distress, whereas harassment just requires intent to harass.
• Stalking requires the victim to actually be in fear or distress, not just that a reasonable person would be.
• Stalking requires a course of conduct, while harassment could be a single act.
• Stalking is a felony or misdemeanor crime, while harassment is a summary offense or misdemeanor.

So harassment sets a lower bar for criminality–the actions don’t have to be as severe or threatening. But it can be hard to distinguish them in practice; the same course of conduct could potentially be charged as either crime depending on the circumstances.

Can I Be Charged With Stalking for Checking on an Ex?

This is a gray area that comes up a lot. You might have genuine concerns about an ex’s well-being and feel the urge to check their social media, drive by their house, or try to contact them. But in Pennsylvania, repeatedly contacting or monitoring an ex-partner against their wishes can cross the line into stalking or harassment, even if you don’t intend harm.

Some general dos and don’ts here:

• Don’t contact them if they’ve clearly said not to, blocked your number, etc. That’s the biggest red flag for potential stalking.
• Don’t enlist others to contact your ex or monitor them for you.
• Don’t create fake social media accounts to follow them.
• Do respect their boundaries and wishes.
• Do document any concerns in case you need evidence.
• Do talk to a counselor or friend instead if you need support.

Bottom line: if your ex has directly told you not to contact them, continuing to do so could lead to stalking charges. It’s best to move on for both your sakes.

Can Someone Press Stalking Charges for Little Reason?

While stalking charges can sometimes arise from misunderstandings, Pennsylvania law is designed to prevent false or frivolous accusations:

• Police and prosecutors won’t pursue charges without evidence of a true course of conduct that caused reasonable fear.
• Pennsylvania has laws against false stalking reports, which are misdemeanors.
• Those accused of stalking have a right to an attorney and trial where the accuser must prove claims beyond reasonable doubt.

So while the broad definition of stalking casts a wide net, Pennsylvania law does aim to protect against misuse. But false allegations can still damage reputations and finances for the accused before being disproven.

What Defenses Can I Raise Against Stalking Charges?

Some possible defenses to fight Pennsylvania stalking charges include: