§ 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), 2718 (relating to strangulation),
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 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.
(Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 4, 2015, P.L.224, No.59, eff.
60 days; June 5, 2020, P.L.246, No.32, eff. 60 days)
2020 Amendment. Act 32 amended subsec. (c)(2).
2015 Amendment. Act 59 amended subsec. (e). See the preamble to Act 59 of 2015 in the appendix to this title for special provisions
relating to legislative intent.
2002 Amendment. Act 218 added section 2709.1. See sections 9 and 10 of Act 218 in the appendix to
this title for special provisions relating to references to section 2709 and references
to section 5504.
Cross References. Section 2709.1 is referred to in sections 2711, 2713.1, 2718, 3133, 4954, 4955, 5708,
6105, 9158 of this title; sections 5322, 5329, 6108, 6344, 6702, 6704, 6711 of Title
23 (Domestic Relations); sections 5920, 62A03, 9774.1 of Title 42 (Judiciary and Judicial
Procedure).
Notes of Decisions
Cited in
88
cases (
37 in the last 5 years), 2004–2026 · leading case:
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
· cites it 6× “See 18 Pa.C.S. § 2709.1(c)(1). However, the Crimes Code provides for a higher grading under the following circumstances: 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…”
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
· cites it 2× “2 18 Pa.C.S. § 2709.1(A)(2). 3 18 Pa.C.S. § 2709(A)(4).”
Commonwealth v. Bortz, 909 A.2d 1221 (Pa. 2006).
· cites it 6× “§ 6108 is grounds for grading a subsequent first conviction for stalking as a felony of the third-degree under 18 Pa.C.S. § 2709.1. For the reasons stated herein, we conclude that this' type of prior conviction does constitute grounds to impose a third-degree felony gradation.”
E.A.M. v. A.m.d., III, 173 A.3d 313 (Pa. Super. Ct. 2017).
“§ 2709(a)(4), (5), (6) or (7) or stalking pursuant 18 Pa.C.S. § 2709.1, when an adult directs either behavior toward a minor.”
K.T. v. L.S., 118 A.3d 1136 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 2709.1 (relating to stalking).”
Commonwealth v. Kelly, 102 A.3d 1025 (Pa. Super. Ct. 2014).
“§ 2709(f) (defining “[c]ourse of conduct” as used in the statute defining the offense of harassment as “[a] pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct”); 18 Pa.”
Weatherholtz, K. v. McKelvey, D., 305 A.3d 103 (Pa. Super. Ct. 2023).
· cites it 2× “18 Pa.C.S. § 2709.1 (relating to stalking) where the conduct is committed by a person 18 years of age or older against a person under 18 years of age.”
Polito v. AOL Time Warner Inc., 78 Pa. D. & C.4th 328 (2004).
· cites it 3× “” 18 Pa.C.S. §2709.1(a)(2). The stalking by communication statute similarly defines the term “communicates” as “convey [ing] a message without intent of legitimate communication or address by.”
Schell v. Guth, 88 A.3d 1053 (Pa. Commw. Ct. 2014).
“§ 7611(a)(2) (relating to unlawful use of a computer and other computer crimes), a felony, and 18 Pa.C.S. § 2709.1(a)(1) (relating to stalking), a misdemeanor.”
Com. v. Papp, K., 2023 Pa. Super. 209 (Pa. Super. Ct. 2023).
“§ 2709(a)(4)-(7)) and stalking (18 Pa.C.S. § 2709.1) statutes. See Commonwealth v.”
— 18 Pa. Cons. Stat. § 2709.1(A)(2) — 1 case
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
“2 18 Pa.C.S. § 2709.1(A)(2). 3 18 Pa.C.S. § 2709(A)(4).”
— 18 Pa. Cons. Stat. § 2709.1(a) — 5 cases
— 18 Pa. Cons. Stat. § 2709.1(a)(1) — 32 cases
Schell v. Guth, 88 A.3d 1053 (Pa. Commw. Ct. 2014).
“§ 7611(a)(2) (relating to unlawful use of a computer and other computer crimes), a felony, and 18 Pa.C.S. § 2709.1(a)(1) (relating to stalking), a misdemeanor.”
— 18 Pa. Cons. Stat. § 2709.1(a)(2) — 17 cases
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
“2 18 Pa.C.S. § 2709.1(A)(2). 3 18 Pa.C.S. § 2709(A)(4).”
Polito v. AOL Time Warner Inc., 78 Pa. D. & C.4th 328 (2004).
“” 18 Pa.C.S. §2709.1(a)(2). The stalking by communication statute similarly defines the term “communicates” as “convey [ing] a message without intent of legitimate communication or address by.”
— 18 Pa. Cons. Stat. § 2709.1(a)(b) — 1 case
— 18 Pa. Cons. Stat. § 2709.1(a)(l) — 1 case
— 18 Pa. Cons. Stat. § 2709.1(c) — 1 case
— 18 Pa. Cons. Stat. § 2709.1(c)(1) — 3 cases
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
“See 18 Pa.C.S. § 2709.1(c)(1). However, the Crimes Code provides for a higher grading under the following circumstances: 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…”
Commonwealth v. Bortz, 909 A.2d 1221 (Pa. 2006).
“§ 6108 is grounds for grading a subsequent first conviction for stalking as a felony of the third-degree under 18 Pa.C.S. § 2709.1. For the reasons stated herein, we conclude that this' type of prior conviction does constitute grounds to impose a third-degree felony gradation.”
— 18 Pa. Cons. Stat. § 2709.1(c)(2) — 4 cases
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
“See 18 Pa.C.S. § 2709.1(c)(1). However, the Crimes Code provides for a higher grading under the following circumstances: 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…”
Commonwealth v. Bortz, 909 A.2d 1221 (Pa. 2006).
“§ 6108 is grounds for grading a subsequent first conviction for stalking as a felony of the third-degree under 18 Pa.C.S. § 2709.1. For the reasons stated herein, we conclude that this' type of prior conviction does constitute grounds to impose a third-degree felony gradation.”
— 18 Pa. Cons. Stat. § 2709.1(f) — 7 cases
Commonwealth v. Kelly, 102 A.3d 1025 (Pa. Super. Ct. 2014).
“§ 2709(f) (defining “[c]ourse of conduct” as used in the statute defining the offense of harassment as “[a] pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct”); 18 Pa.”
Polito v. AOL Time Warner Inc., 78 Pa. D. & C.4th 328 (2004).
“” 18 Pa.C.S. §2709.1(a)(2). The stalking by communication statute similarly defines the term “communicates” as “convey [ing] a message without intent of legitimate communication or address by.”
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