{"id":376058,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-stalking-laws.html"},"modified":"2018-08-10T15:14:35","modified_gmt":"2018-08-10T20:14:35","slug":"pennsylvania-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-stalking-laws.html","title":{"rendered":"Pennsylvania Stalking Laws"},"content":{"rendered":"\n
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Pennsylvania Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In general, stalking<\/a> is characterized as a pattern of malicious and willful behavior, rather than a one-time event. When it comes to stalking, we often call to mind images of someone lurking outside of a window in the middle of the night. However, stalking can also occur in less direct ways, such as making repeated phone calls or leaving unwanted gifts. The key component of a stalking case is that, taken as a whole, the stalker\u2019s actions cause the victim to be fearful and\/or emotionally distressed.<\/p>\r\n

Pennsylvania’s stalking law defines the crime as repeated harassment that creates substantial emotional distress. A conviction of stalking is a misdemeanor of the 1st<\/sup> degree. If the defendant has a prior conviction for stalking the same victim, it is considered to be a felony of the 3rd<\/sup> degree.<\/p>\r\n

Stalking is often charged against estranged partners and spouses. Victims of stalking typically seek restraining orders<\/a> (also called "orders of protection") to keep offenders away. A restraining order is an official court document that generally requires the defendant to stay away from the victim, the victim\u2019s home or place of work, and oftentimes to cease all communication with the victim.<\/p>\r\n

Below are the basic elements of Pennsylvania’s stalking law. See Details on State Stalking Laws<\/a> to learn more.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

18 \u00a72709.1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Stalking Defined as<\/p>\r\n<\/td>\r\n

Course of conduct or repeated acts without authorization with intent to place in reasonable fear or cause substantial emotional distress<\/p>\r\n<\/td>\r\n<\/tr>

Punishment\/Classification<\/p>\r\n<\/td>\r\n

Misdemeanor of the 1st degree. If previously convicted of crime of violence against victim, family or household member: felony of the 3rd degree<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Repeat Offense<\/p>\r\n<\/td>\r\n

Felony of the 3rd degree<\/p>\r\n<\/td>\r\n<\/tr>

Arrest or Restraining Order Specifically Authorized by Statute?<\/p>\r\n<\/td>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr>

Constitutionally Protected Activities Exempted?<\/p>\r\n<\/td>\r\n

Yes, labor disputes or any constitutionally protected activity<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are constantly changing — please contact a Pennsylvania criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

More Information<\/h2>\r\n

For more information on Pennsylvania\u2019s stalking laws, you can click on the links to related resources below. You can also learn more about the topic, in general, by checking out FindLaw\u2019s articles on stalking<\/a>, as well as the different state laws<\/a> criminalizing stalking. Finally, depending on your circumstances, you may want to retain either a family law<\/a> or criminal defense lawyer<\/a>.<\/p>\r\n

Pennsylvania Stalking Laws Related Resources:<\/h2>\r\n