act-2002-0-218•Pennsylvania Act 2002-218 — CRIMES CODE (18 PA.C.S.) - AMEND HARASSMENT AND STALKING
Pennsylvania Act 2002-218 — CRIMES CODE (18 PA.C.S.) - AMEND HARASSMENT AND STALKING
act-2002-0-2182002 Pa. Act 218Law
Act text
CRIMES CODE (18 PA.C.S.) - AMEND HARASSMENT AND STALKING
Act of Dec. 9, 2002, P.L. 1759, No. 218 Cl. 18
Session of 2002
No. 2002-218
SB 1515
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
harassment and stalking; and making conforming amendments to
Titles 5, 18, 23 and 42.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2709 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2709. Harassment [and stalking].
(a) [Harassment] 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; [or]
(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) 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.]
(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 [(b)] (a)(4), (5),
(6) or (7) shall constitute a misdemeanor of the [first]
third 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. § 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:
"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. [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
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.]
Section 2. Title 18 is amended by adding a section to read:
§ 2709.1. Stalking.
(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.
Section 3. Sections 2710(a), 2711(a), 4954 and 4955(a)(2) of
Title 18 are amended to read:
§ 2710. Ethnic intimidation.
(a) Offense defined.--A person commits the offense of ethnic
intimidation if, with malicious intention toward the race,
color, religion or national origin of another individual or
group of individuals, he commits an offense under any other
provision of this article or under Chapter 33 (relating to
arson, criminal mischief and other property destruction)
exclusive of section 3307 (relating to institutional vandalism)
or under section 3503 (relating to criminal trespass) [or under
section 5504 (relating to harassment by communication or
address)] with respect to such individual or his or her property
or with respect to one or more members of such group or to their
property.
* * *
§ 2711. Probable cause arrests in domestic violence cases.
(a) General rule.--A police officer shall have the same
right of arrest without a warrant as in a felony whenever he has
probable cause to believe the defendant has violated section
2504 (relating to involuntary manslaughter), 2701 (relating to
simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
assault), 2705 (relating to recklessly endangering another
person), 2706 (relating to terroristic threats) or [2709(b)
(relating to harassment and stalking)] 2709.1 (relating to
stalking) against a family or household member although the
offense did not take place in the presence of the police
officer. A police officer may not arrest a person pursuant to
this section without first observing recent physical injury to
the victim or other corroborative evidence. For the purposes of
this subsection, the term "family or household member" has the
meaning given that term in 23 Pa.C.S. § 6102 (relating to
definitions).
* * *
§ 4954. Protective orders.
Any court with jurisdiction over any criminal matter may,
after a hearing and in its discretion, upon substantial
evidence, which may include hearsay or the declaration of the
prosecutor that a witness or victim has been intimidated or is
reasonably likely to be intimidated, issue protective orders,
including, but not limited to, the following:
(1) An order that a defendant not violate any provision
of this subchapter or section 2709 (relating to harassment
[and stalking]) or 2709.1 (relating to stalking).
(2) An order that a person other than the defendant,
including, but not limited to, a subpoenaed witness, not
violate any provision of this subchapter.
(3) An order that any person described in paragraph (1)
or (2) maintain a prescribed geographic distance from any
specified witness or victim.
(4) An order that any person described in paragraph (1)
or (2) have no communication whatsoever with any specified
witness or victim, except through an attorney under such
reasonable restrictions as the court may impose.
§ 4955. Violation of orders.
(a) Punishment.--Any person violating any order made
pursuant to section 4954 (relating to protective orders) may be
punished in any of the following ways:
* * *
(2) As a contempt of the court making such order. No
finding of contempt shall be a bar to prosecution for a
substantive offense under section 2709 (relating to
harassment [and stalking]), 2709.1 (relating to stalking),
4952 (relating to intimidation of witnesses or victims) or
4953 (relating to retaliation against witness or victim),
but:
(i) any person so held in contempt shall be entitled
to credit for any punishment imposed therein against any
sentence imposed on conviction of said substantive
offense; and
(ii) any conviction or acquittal for any substantive
offense under this title shall be a bar to subsequent
punishment for contempt arising out of the same act.
* * *
Section 4. Section 5504 of Title 18 is repealed.
Section 5. Sections 5708(1) and (2) and 6105(b) of Title 18
are amended to read:
§ 5708. Order authorizing interception of wire, electronic or
oral communications.
The Attorney General, or, during the absence or incapacity of
the Attorney General, a deputy attorney general designated in
writing by the Attorney General, or the district attorney or,
during the absence or incapacity of the district attorney, an
assistant district attorney designated in writing by the
district attorney of the county wherein the interception is to
be made, may make written application to any Superior Court
judge for an order authorizing the interception of a wire,
electronic or oral communication by the investigative or law
enforcement officers or agency having responsibility for an
investigation involving suspected criminal activities when such
interception may provide evidence of the commission of any of
the following offenses, or may provide evidence aiding in the
apprehension of the perpetrator or perpetrators of any of the
following offenses:
(1) Under this title:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
[Section 2709(b) (relating to harassment and
stalking)]
Section 2709.1 (relating to stalking)
Section 2901 (relating to kidnapping)
Section 3121 (relating to rape)
Section 3123 (relating to involuntary deviate sexual
intercourse)
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent
assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking
catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or
disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and
political matters)
Section 4702 (relating to threats and other improper
influence in official and political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling,
etc.)
Section 5514 (relating to pool selling and
bookmaking)
Section 6318 (relating to unlawful contact or
communication with minor)
(2) Under this title, where such offense is dangerous to
life, limb or property and punishable by imprisonment for
more than one year:
Section 910 (relating to manufacture, distribution or
possession of devices for theft of telecommunications
services)
Section 2709(a)(4), (5), (6) or (7) (relating to
harassment)
Section 3925 (relating to receiving stolen property)
Section 3926 (relating to theft of services)
Section 3927 (relating to theft by failure to make
required disposition of funds received)
Section 3933 (relating to unlawful use of computer)
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly exhibited
contest)
Section 4117 (relating to insurance fraud)
Section 4305 (relating to dealing in infant children)
Section 4902 (relating to perjury)
Section 4909 (relating to witness or informant taking
bribe)
Section 4911 (relating to tampering with public
records or information)
Section 4952 (relating to intimidation of witnesses
or victims)
Section 4953 (relating to retaliation against witness
or victim)
Section 5101 (relating to obstructing administration
of law or other governmental function)
Section 5111 (relating to dealing in proceeds of
unlawful activities)
Section 5121 (relating to escape)
[Section 5504 (relating to harassment by
communication or address)]
Section 5902 (relating to prostitution and related
offenses)
Section 5903 (relating to obscene and other sexual
materials and performances)
Section 7313 (relating to buying or exchanging
Federal food order coupons, stamps, authorization cards
or access devices)
* * *
§ 6105. Persons not to possess, use, manufacture, control,
sell or transfer firearms.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
[Section 2709 (relating to harassment and stalking) if
the offense relates to stalking.]
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness or
victim).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
* * *
Section 6. Section 3304(a) of Title 5 is amended to read:
§ 3304. Issuance of registration to certain persons
prohibited.
(a) Prior criminal acts.--The commission shall not issue
athletic agent registration to or renew the athletic agent
registration of a person who has been convicted of any of the
following offenses, or any comparable offense in another
jurisdiction, within ten years of the date of application:
(1) An offense under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(2) An offense under the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
Section 902 (relating to criminal solicitation).
Section 908 (relating to prohibited offensive weapons).
Section 2502 (relating to murder).
Section 2709(a)(4), (5), (6) or (7) (relating to
harassment).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 3121 (relating to rape).
Section 3126 (relating to indecent assault).
Section 3923 (relating to theft by extortion).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
Section 4701 (relating to bribery in official and
political matters).
Section 4902 (relating to perjury).
Section 5501 (relating to riot).
[Section 5504 (relating to harassment by communication or
address).]
Section 5512 (relating to lotteries, etc.).
Section 5513 (relating to gambling devices, gambling,
etc.).
Section 5514 (relating to pool selling and bookmaking).
Section 5901 (relating to open lewdness).
Section 5902 (relating to prostitution and related
offenses).
Section 5903 (relating to obscene and other sexual
materials and performances).
Section 5904 (relating to public exhibition of insane or
deformed person).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
Section 7107 (relating to unlawful actions by athlete
agents).
* * *
Section 7. Sections 5303(b.1)(2), 6108(a)(9) and 6344(c)(2)
of Title 23 are amended to read:
§ 5303. Award of custody, partial custody or visitation.
* * *
(b.1) Consideration of criminal charge.--
* * *
(2) In evaluating any request for temporary custody or
modification of a custody, partial custody or visitation
order, the court shall consider whether the parent who is or
has been charged with an offense listed below poses a risk of
harm to the child:
(i) 18 Pa.C.S. Ch. 25;
(ii) 18 Pa.C.S. § 2702 (relating to aggravated
assault);
(iii) 18 Pa.C.S. § 2706 (relating to terroristic
threats);
(iv) 18 Pa.C.S. § [2709(b) (relating to harassment
and] 2709.1 (relating to stalking);
(v) 18 Pa.C.S. § 2901;
(vi) 18 Pa.C.S. § 2902;
(vii) 18 Pa.C.S. § 2903 (relating to false
imprisonment);
(viii) 18 Pa.C.S. § 3121;
(ix) 18 Pa.C.S. § 3122.1;
(x) 18 Pa.C.S. § 3123;
(xi) 18 Pa.C.S. § 3124.1;
(xii) 18 Pa.C.S. § 3125;
(xiii) 18 Pa.C.S. § 3126;
(xiv) 18 Pa.C.S. § 3127;
(xv) 18 Pa.C.S. § 3301 (relating to arson and
related offenses);
(xvi) 18 Pa.C.S. § 4302;
(xvii) 18 Pa.C.S. § 4304;
(xviii) 18 Pa.C.S. § 6312; and
(xix) 23 Pa.C.S. § 6114 (relating to contempt for
violation of order or agreement).
* * *
§ 6108. Relief.
(a) General rule.--The court may grant any protection order
or approve any consent agreement to bring about a cessation of
abuse of the plaintiff or minor children. The order or agreement
may include:
* * *
(9) Directing the defendant to refrain from stalking or
harassing the plaintiff and other designated persons as
defined in 18 Pa.C.S. [§] §§ 2709 (relating to harassment
[and stalking]) and 2709.1 (relating to stalking).
* * *
§ 6344. Information relating to prospective child-care
personnel.
* * *
(c) Grounds for denying employment.--
* * *
(2) In no case shall an administrator hire an applicant
if the applicant's criminal history record information
indicates the applicant has been convicted of one or more of
the following offenses under Title 18 (relating to crimes and
offenses) or an equivalent crime under Federal law or the law
of another state:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
[Section 2709 (relating to harassment and stalking).]
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
The attempt, solicitation or conspiracy to commit any of
the offenses set forth in this paragraph.
* * *
Section 8. Section 3573(c)(1) of Title 42 is amended to
read:
§ 3573. Municipal corporation portion of fines, etc.
* * *
(c) Summary offenses.--Fines, forfeited recognizances and
other forfeitures imposed, lost or forfeited under the following
provisions of law shall, when any such offense is committed in a
municipal corporation, be payable to such municipal corporation:
(1) Under the following provisions of Title 18 (relating
to crimes and offenses):
[Section 2709 (relating to harassment).]
Section 3304 (relating to criminal mischief).
Section 3503 (relating to criminal trespass).
Section 3929 (relating to retail theft).
Section 4105 (relating to bad checks).
Section 5503 (relating to disorderly conduct).
Section 5505 (relating to public drunkenness).
Section 5511 (relating to cruelty to animals).
Section 6308 (relating to purchase, consumption,
possession or transportation of intoxicating beverages).
Section 6501 (relating to scattering rubbish).
* * *
Section 9. (1) Except as otherwise provided for in
paragraph (2), any reference in any act or part of an act to
18 Pa.C.S. § 2709 without specification as to subsection (a)
or (b) of that section shall be deemed to include a reference
to 18 Pa.C.S. § 2709.1 as if fully set forth in that act or
part of that act.
(2) Any reference in any act or part of an act to 18
Pa.C.S. § 2709(b) shall be deemed a reference to 18 Pa.C.S. §
2709.1 as if fully set forth in that act or part of that act.
Section 10. (1) Except as otherwise provided for in
paragraph (2) or (3), any reference in any act or part of an
act to 18 Pa.C.S. § 5504 without specification as to
subsection (a) or (a.1) of that section shall be deemed a
reference to 18 Pa.C.S. §§ 2709(a)(4), (5), (6) and (7) and
2709.1 as if fully set forth in that act or part of that act.
(2) Any reference in any act or part of an act to 18
Pa.C.S. § 5504(a) shall be deemed a reference to 18 Pa.C.S. §
2709(a)(4), (5), (6) and (7) as if fully set forth in that
act or part of that act.
(3) Any reference in any act or part of an act to 18
Pa.C.S. § 5504(a.1) shall be deemed a reference to 18 Pa.C.S.
§ 2709.1 as if fully set forth in that act or part of that
act.
Section 11. This act shall take effect in 60 days.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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