Jonah Patel
Harassment is a criminal offense in Pennsylvania, and it can be classified as a summary offense or a misdemeanor of the third degree. While the definition of harassment often involves incessant calling or defamatory words, there are many other types of conduct that can constitute harassment. For example, violent striking, hitting, or kicking of a person, or threatening to do so, could result in criminal harassment penalties. Additionally, stalking, which is defined as a course of conduct or repeated actions that put another person in reasonable fear of bodily harm or emotional distress, is also considered harassment. To prove harassment, the police must present evidence of intentional stalking, following, continual aggravated speech, repeated threats, or other conduct that would rise to the level of criminal action.
| Characteristics | Values |
|---|---|
| Nature of crime | Intent to "harass, annoy or alarm" another person |
| Classification | Summary offense or misdemeanor of the 3rd degree |
| Punishment for summary offense | Maximum sentence of 90 days in jail and a fine of up to $300 |
| Punishment for third-degree misdemeanor | One year in prison and $2,000 in fines |
| Acts that constitute harassment | Striking, shoving, kicking, stalking, threatening physical harm, making obscene proposals, any unwanted repeated communication or actions, etc. |
| Communication | Oral, nonverbal, written or electronic means, including telephone, electronic mail, internet, facsimile, telex, wireless communication or similar transmission |
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What You'll Learn
Intent to harass, annoy, torment, embarrass or alarm
In Pennsylvania, harassment is defined as acting with the "intent to harass, annoy or alarm" another person. It is a criminal offence and can be graded as a summary offence or a misdemeanour of the third degree, depending on the conduct that occurred.
Summary offences are the least serious classification of criminal charges under Pennsylvania law and are similar to receiving a traffic ticket. They do not create a formal criminal record in most cases, but this does not mean that a charge should be ignored, as it can negatively impact one's life. Summary harassment charges carry a maximum sentence of 90 days in jail and a fine of up to $300.
Harassment as a misdemeanour of the third degree is punishable by one year in prison and $2,000 in fines. If the defendant has previously violated a protection from abuse (PFA) order, the penalties can be enhanced. A misdemeanour of the third degree can be upgraded to a second-degree misdemeanour, which carries a maximum sentence of two years and $5,000 in fines.
To prove intent to harass, annoy, torment, embarrass or alarm, the police must present evidence of intentional stalking, following, continual aggravated speech, repeated threats, or other conduct or words that would rise to the level of criminal action. For example, the police must show that threats were made and that the threatening party followed the victim to multiple places over a period of time.
Examples of actions that can qualify as intent to harass, annoy, torment, embarrass or alarm include:
- Striking, shoving, kicking, or otherwise making unwanted physical contact with another person.
- Following the other person in or about a public place.
- Communicating lewd, lascivious, threatening, or obscene words, language, drawings, or caricatures.
- Communicating repeatedly in an anonymous manner, at extremely inconvenient hours, or after being asked to stop.
- Repeatedly committing acts that serve no legitimate purpose.
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Physical actions
According to Pennsylvania's state code, physical actions that constitute harassment include striking, shoving, kicking, or otherwise subjecting another person to unwanted physical contact. Even attempting or threatening to engage in such actions can be considered harassment. These actions must be intentional, harmful, and offensive to satisfy the requirements of a harassment charge.
Stalking, or following someone in a public place, is another form of physical harassment. Stalking charges are taken very seriously in Philadelphia, and even an allegation can have significant consequences. Stalking is defined as a course of conduct or repeated actions that place another person in reasonable fear of bodily harm or emotional distress.
In addition to direct physical actions, harassment can also involve indirect actions such as repeatedly ringing a doorbell in the middle of the night or at disrespectful times, which can be considered a form of harassment when coupled with the intent to harass.
It is important to note that the interpretation of physical actions as harassment can vary depending on individual circumstances, such as the context and intent behind the actions. As such, it is advisable to consult a criminal defense attorney who can provide specific legal guidance.
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Repeated unwanted communication
For example, a person may be charged with harassment if they repeatedly call or ring a doorbell in the middle of the night or at disrespectful times, or if they continue to communicate after being asked to stop. The content of the communication is also important, with threatening or obscene language or drawings constituting harassment.
In Pennsylvania, harassment can be charged as a summary offense or a misdemeanor. A summary offense is a minor criminal charge, similar to a traffic ticket, and does not usually result in a formal criminal record. However, it can still have a significant emotional impact on the victim. Misdemeanor charges are more serious and can result in jail time and fines.
It is important to note that the line between harassing and non-harassing behavior can sometimes be unclear, as it depends on the interpretation of the victim and the context in which the communication occurs. Additionally, the mindset and intent of the person doing the communicating at the time are also factors that influence whether the behavior is considered harassing.
If you are facing harassment charges in Pennsylvania, it is recommended to seek legal advice from an experienced attorney who can help you understand your rights and navigate the legal process.
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Stalking
To qualify as stalking, an individual must first have the intent to harass, annoy, or alarm another person. They must then take part in one or more of the following activities: striking, pushing, kicking, or otherwise making physical contact with the victim; threatening the victim; following the victim in a public place; or repeatedly committing actions that serve no legitimate purpose other than to harass the victim.
In Pennsylvania, stalking is often graded as a "summary offense," which is similar to a traffic ticket and does not create a formal criminal record. However, this does not mean that a stalking charge is insignificant or should be disregarded. An individual charged with stalking has all the typical rights of a criminal defendant, including the right to an attorney.
It is important to note that false reports of stalking are also taken seriously in Pennsylvania. Anyone who knowingly gives false information about an individual with the intent of charging them with stalking will be charged with making a false report and face penalties.
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False reporting
When facing false allegations of harassment, it is crucial to seek legal counsel from experienced criminal defense attorneys. They can guide individuals through the legal process, protect their rights, and work towards the best possible outcome. The accused should refrain from speaking directly to law enforcement without legal representation, as it is their right to have an attorney present during questioning.
In Pennsylvania, harassment is classified as either a summary offense or a misdemeanor of the third degree. While summary offenses are less serious than misdemeanors, they can still have significant emotional impacts on both the alleged victim and the accused. False reporting can damage an individual's reputation and negatively impact their life, including their employment prospects, certifications, financial aid, and legal status.
To prove harassment in Pennsylvania, the police and prosecuting attorneys must present evidence of intent to harass, annoy, or alarm the victim. This evidence can include intentional stalking, following, continual aggravated speech, repeated threats, or other conduct that rises to the level of criminal harassment. False reporting may lead to charges under section 4906, relating to false reports to law enforcement authorities.
It is important to note that individuals who have been falsely accused of harassment should not hesitate to seek legal assistance. By understanding their rights and the legal definitions of harassment, they can effectively defend themselves against false allegations and mitigate any potential damage caused by such accusations.
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Frequently asked questions
A pattern of harassment in Pennsylvania involves repeated actions that cause another person to reasonably fear for their safety or suffer emotional distress. This can include physical actions, as well as online and offline activities that are considered "threatening" and "unnecessary".
Examples of actions that could constitute harassment include:
- Anonymous communication, such as calling from blocked numbers or writing unsigned notes
- Repeatedly calling or ringing a doorbell at odd hours
- Continuing to communicate after being asked to stop
- Consistently visiting or watching a person's home without their consent
Harassment is a criminal offense in Pennsylvania, ranging from a summary offense to a misdemeanor or even a felony in certain circumstances. The penalties can include fines, probation, and jail time, depending on the specifics of the case and any prior convictions.
Yes, it is important to consult with an attorney as there may be First Amendment defenses if the accusation is based on speech. Additionally, the government must prove that the accused intended to harass, annoy, or alarm the victim.
Yes, Pennsylvania has laws that specifically address cyber harassment, particularly when it involves a child. A person commits cyber harassment of a child if they engage in a continuing course of conduct with the intent to harass, annoy, or alarm the child through electronic means or social media services.
