Harassment charges can arise from situations that may not seem criminal at first, like repeated texting, arguments, etc. However, under Pennsylvania criminal law, there are specific behaviors that are considered harassment and can result in legal penalties. If you have questions or concerns about the crime and its consequences, continue reading and consult with a knowledgeable York County, PA criminal defense attorney today.
What Is Considered Harassment Under PA Criminal Law?
Harassment and its related offenses are outlined in 18 Pa. C.S. § 2709. The law defines harassment as when a person, with the intent to harass, annoy, or alarm another person:
- Strikes, shoves, kicks, or otherwise makes contact, or attempts or threatens to do so
- Follows the other person in or about a public place
- Engages in conduct or repeatedly commits acts that serve no legitimate purpose
- Communicates to or about another person lewd, lascivious, threatening, or obscene words, language, drawings, or caricatures
- Communicates repeatedly in an anonymous manner
- Communicates repeatedly at extremely inconvenient hours
- Communicates repeatedly in any other manner
The law also outlines cyber harassment of a child. This crime occurs when, with the intent to harass, annoy, or alarm, they engage in a continuing course of conduct of making electronic communications to a child that involve:
- Seriously disparaging statements or opinions about the child’s physical characteristics, sexuality, sexual activity, or mental or physical health
- Threats of harm
For either of these crimes, the intent behind the action matters. To be guilty of harassment, the prosecution must show that the offender acted purposefully to annoy, alarm, or threaten, not merely to communicate, resolve a fight, or for some other reason.
What Are the Penalties for Harassment in PA?
Harassment offenses are generally charged as a summary offense, though repeated communications are often considered third-degree misdemeanors. Any grading can be enhanced one degree if the offender has previously violated a protection order involving the same victim or a family member of theirs.
As a summary offense, an offender can receive up to 90 days in jail and fines up to $300. Third-degree misdemeanor charges generally result in up to 1 year in jail and fines up to $2,500.
The severity of the offense and its penalties can increase if there are aggravating circumstances, such as actual physical violence, a second or subsequent offense, a violation of a restraining order, or the victim being a child, domestic partner, or protected class.
What is the Difference Between Harassment and Stalking?
Many states define harassment and stalking crimes in the same statutes and legislation, as Pennsylvania once did. While related and sometimes overlapping, Pennsylvania law considers harassment and stalking to be two distinct offenses with different legal standards.
Harassment involves repeated unwanted conduct intended to annoy or alarm. However, stalking involves a pattern of behavior that causes fear of physical harm or serious emotional distress. Stalking is a more serious offense, though harassing actions can evolve into behavior that is considered stalking.
Securing the help of a skilled attorney is crucial during your case. Reach out to an experienced criminal defense attorney for more information today.
