Harassment is a serious crime that can result in significant penalties and legal consequences. If you are wondering how harassment is defined under Pennsylvania law, continue reading and speak with an experienced Pottstown criminal defense lawyer for skilled representation today.
How is Harassment Defined in PA?
The criminal offense of harassment is outlined in § 2709 of the Pennsylvania Consolidated Statutes. This legislation describes both harassment as a general crime and cyber harassment of a child. While stalking was previously governed by this statute as well, it is now considered an entirely separate offense.
Under Pennsylvania criminal law, harassment occurs when a person, with the intention of harassing, annoying, or alarming another person:
- Strikes, shoves, kicks, or otherwise subjects the other person to physical contact, or attempts or threatens to do so;
- Follows the other person in or about a public place;
- Engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
- Communicates to or about such other person any lewd, lascivious, threatening, or obscene words, language, drawings, or caricatures;
- Communicates repeatedly in an anonymous manner;
- Communicates repeatedly at extremely inconvenient hours; or
- Communicates repeatedly in a manner other than specified in lines 4, 5, and 6.
Cyber harassment of a child occurs when a person, with the intention of harassing, annoying, or alarming the child, engages in a continuing course of conduct of making any of the following communications by electronic means:
Seriously disparaging statements or opinions regarding the child’s physical appearance, sexuality, sexual activity, or mental or physical health or condition;
Threats to inflict harm.
Any of these behaviors can be considered a criminal offense of harassment. The most important element of these charges is the offender’s intent behind their actions.
What Are the Consequences of a Harassment Conviction in PA?
The penalties you incur for a conviction of harassment in Pennsylvania vary depending on the details of your offense. Besides the type of crime you commit, mitigating or aggravating circumstances can influence the outcome of your sentencing.
An offense of bullets 1, 2, and 3 under the definition of harassment above generally constitutes a summary offense. This is punishable by 90 days in jail and fines of up to $300. Bullets 4, 5, 6, and 7, as well as cyber harassment of a child, are considered misdemeanors in the third degree. A third-degree misdemeanor can result in up to 1 year in jail and fines of up to $2,500.
Any grading of a harassment charge can be enhanced one degree if you are in violation of an existing protective order involving the same victim as your current offense or a member of their family or household. Besides violating a restraining order, other aggravating circumstances can also increase the severity of your offense and penalties, including physical violence, prior violations of similar crimes, or the victim being a child, domestic partner, or member of a protected class.
For more information, contact an experienced defense attorney today.
