In brief, 18 Pa. C.S. § 2709.1 makes stalking illegal. If convicted under this statute, you could face significant penalties that have a long-term impact on your career, your reputation, your finances, and your future.
Below you will find a general overview of what 18 Pa. C.S. § 2709.1 says, what the potential penalties are, and what you can do if you face these charges. For more specific information and legal advice, we encourage you to speak with our Pennsylvania criminal defense lawyer as soon as possible.
What Counts as Stalking Under 18 Pa. C.S. § 2709.1?
18 Pa. C.S. § 2709.1 provides two separate definition of stalking:
- Physical stalking: This includes trying to intimidate someone else by following them to their work, home, school, or other locations you do not have a valid reason to be.
- Online stalking: Also called cyberstalking, this includes trying to intimidate someone else by repeatedly sending them messages online or by phone.
The law does not specify what types of messages may cause “reasonable fear of bodily injury” and/or “emotional distress.” Common examples include threats of physical violence, insults, and sexual content.
Just as important as the content itself is the intent behind it. The prosecution must be able to show that the accused was deliberately trying to upset the person they were allegedly following or the recipient of the messages.
This opens up a possible avenue of defense: your defense attorney can argue that you did not realize the other person was interpreting your actions in a threatening way or that your words or actions were misinterpreted.
Where Will You Be Charged With Stalking?
The internet has made it possible for people who do not live anywhere near each other to interact easily. There are many benefits to this technology, but it can also make your case more complex. For example:
- If you are a Blue Bell resident accused of cyberstalking someone in Buffalo, will you be charged in the commonwealth of Pennsylvania or in the state of New York?
- If the person you allegedly cyberstalked lives in Pennsylvania but you do not, does Pennsylvania law still apply to you?
18 Pa. C.S. § 2709.1 provides the solution to this. Under this law, only one person involved in the alleged crime needs to be located in Pennsylvania for the law to apply. This person can be the alleged stalker or the alleged victim. Either way, you could face stalking charges in Pennsylvania. It is a good idea to hire a Pennsylvania-based attorney who is familiar with how to apply local laws to your case.
The Penalties for Stalking in Pennsylvania
Both physical and cyberstalking are considered serious offenses in Pennsylvania. If this is your first offense, you will likely be charged with a first-degree misdemeanor. Such a charge could come with penalties as high as $10,000 in fines and five years behind bars, although the exact penalties you face may depend on the circumstances.
If this is a subsequent offense, or if you were previously convicted of a related crime—such as kidnapping or reckless endangerment—you may be charged with a third-degree felony. Maximum penalties at this point increase to $15,000 in fines and seven years behind bars.
You may already be worried about what sort of an impact such penalties will have on your family and your future. Instead of leaving your fate up to chance, you can take advantage of your right to hire a criminal defense law firm to ensure you are treated fairly throughout the legal process.
What Not to Do if You Are Charged With Stalking
It is normal to feel afraid or even angry after being accused of stalking, especially if you are sure that the whole thing is a misunderstanding. Unfortunately, extreme emotions can cause you to make mistakes that negatively impact your case. Try to avoid the following:
- Deleting or hiding data. Attempting to conceal “incriminating” messages makes you look guilty, and the police will likely be able to recover whatever you delete.
- Speaking to the accuser: The accuser already feels threatened, so your trying to talk to them will only make the situation worse for you.
- Speaking to the police: You have the right to remain silent after your arrest. Use this right. Do not let the police convince you that talking without legal representation will help your case, as the opposite is usually true.
- Giving police permission to search your property: Unless they have a search warrant, the police do not have the right to look through your home or your devices. Letting them do so anyway makes it easier for them to build a case against you.
What You Should Do if You Are Charged With Stalking
When you face any kind of criminal charge, the most important thing you can do is to hire a lawyer. A defense attorney can help you by reviewing all of the evidence against you, collecting additional evidence, and working with the judge and the prosecution to try to achieve the best possible outcome.
When you meet with our law firm, we urge you to be completely honest and to share any and all materials that might be relevant to the case. We need to know everything you do about the allegations. This allows us to build a stronger defense and work to get you home as soon as possible.
If You Face Stalking Charges, Get Legal Help Immediately
Your future is on the line, and it is critical that you do all you can to protect yourself. Call McKenzie Law Firm, P.C., today for a free consultation from our firm. No outcome is inevitable: let our defense attorney give you a more detailed overview of 18 Pa. C.S. § 2709.1 and explain what defense strategies may work in your case.
