Online stalking is a crime in Pennsylvania. State law makes it clear that both physical stalking and repeated attempts to intimidate someone through online or other communication methods are classified as “stalking.”
If you have been accused of online stalking, our Pennsylvania criminal defense attorney can explain your rights and help you figure out the best way to defend yourself with minimum disruption to your life.
What Is the Law on Stalking in Pennsylvania?
According to Pennsylvania law, stalking takes two forms:
- A person can physically stalk someone else by illegally following them with the intent of causing mental or emotional harm.
- A person can also stalk someone by “repeatedly” sending them messages, again with the intent of upsetting or frightening that person.
This second definition includes online stalking: for example, sending multiple threatening social media messages (private or public) could count as “repeatedly communicat[ing]” with someone in order to intimidate them.
Legal Differences Between Online Stalking and Physical Stalking
Both forms of stalking are considered equally serious. With online stalking, there is also the added complication of jurisdiction: if the alleged stalker and the alleged victim are in separate counties or states, where will you be tried?
Under the law, either the place the messages were sent from or the place the messages were received can be considered the true “crime scene.” For example, if someone in Montgomery County is accused of stalking someone in Delaware County, charges may be filed in either county.
It is also important to know that the prosecution is allowed to review previous, relevant messages and behavior to help establish a “course of conduct.” Your previous online activity could be placed under a microscope. Taking steps to protect yourself, such as by promptly hiring a lawyer, is often vital at this stage.
What Are the Penalties for Stalking in Pennsylvania?
The penalties you face will depend on the exact circumstances of your case.
Stalking is typically classified as a first-degree misdemeanor, the maximum penalties for which may include a $10,000 fine and five years in prison.
That said, there are particular circumstances that could decrease or increase the severity of the possible penalties in your case. For example, penalties may worsen if:
- You have prior stalking convictions
- You were previously convicted of doing harm to the same person you are now accused of stalking
- You are currently facing other related charges
In cases like these, the charge might go from a misdemeanor to a felony, which could lead to much more onerous consequences.
Fortunately, there may also be ways you can reduce or eliminate the impact of a stalking charge or conviction:
- Negotiating with the prosecution and getting them to agree to reduce the charge
- Striking a deal that allows you to face a lesser charge in exchange for a guilty plea
- Hiring a defense attorney to weaken the prosecution’s case or find proof that you did not commit the alleged crime
What Should You Do if You Are Charged With Stalking?
It is important not to panic when you find out about the charges. Some people’s first instinct might be to delete their internet history, destroy hard drives, or even contact the alleged victim in an attempt to smooth things out. All of these actions could harm your case:
- Deleting messages or destroying devices makes you look guilty and could even be considered tampering with evidence, which might lead to additional charges.
- The prosecution could hire experts to recover the information you tried to destroy, so attempting to “cover your tracks” in this way is often pointless.
- Contacting someone who believes you pose a threat could cause them to take further action against you, like seeking a protective order, or it could violate an existing protective order.
As difficult as it is, the best way to protect your rights is often by saying nothing to investigators and contacting a defense attorney immediately. Once you hire our team, we can work with you to figure out the right way to defend you against this charge.
What Defense Strategies Can You Use in Online Stalking Cases?
Our strategy varies from case to case. We carefully investigate each client’s situation before deciding how to advocate for them. Some common defense strategies we use include investigating the possibility of:
- A violation of rights: If the prosecution did not follow proper procedure (e.g., securing a warrant before searching your property), any evidence they collected during that illegal procedure cannot be used against you.
- A false accusation: It is a crime to accuse someone of stalking when you know they have not done so, but some people do it anyway out of anger, jealousy, or a desire for revenge.
- Mistaken identity: It is possible that the real stalker was posing as you, that they used your device to commit the crime, or that they spoofed their IP address (made it look like a different computer was sending the messages).
- Unreliable witnesses: We can work to discredit any witnesses the prosecution is using to support the allegations against you.
- Misinterpretation: In some cases, we can argue that the messages you sent were taken out of context or misinterpreted by the alleged victim, and that you had no intention of causing harm or distress.
Online Stalking Is a Crime in PA. Defend Yourself Against These Charges Today
McKenzie Law Firm, P.C., wants you to know that no outcome is inevitable. It is not a foregone conclusion that you will be convicted and sent to jail, but it is important to understand and act on your rights immediately.
As a former prosecutor, David McKenzie understands how to make the legal system work for our clients. Call now if you have been accused of the crime of online stalking in Pennsylvania.
