§ 2709. Harassment.
(a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm
another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact,
or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate
purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene
words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and
(6).
(a.1) Cyber harassment of a child.--
(1) A person commits the crime of cyber harassment of a child if, with intent to harass,
annoy or alarm, the person engages in a continuing course of conduct of making any
of the following by electronic means directly to a child or by publication through
an electronic social media service:
(i) seriously disparaging statement or opinion about the child's physical characteristics,
sexuality, sexual activity or mental or physical health or condition; or
(ii) threat to inflict harm.
(2) (i) If a juvenile is charged with a violation of paragraph (1), the judicial authority
with jurisdiction over the violation shall give first consideration to referring the
juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. No.
312 (relating to Informal Adjustment) or No. 370 (relating to Consent Decree). As
part of the diversionary program, the judicial authority may order the juvenile to
participate in an educational program which includes the legal and nonlegal consequences
of cyber harassment.
(ii) If the person successfully completes the diversionary program, the juvenile's records
of the charge of violating paragraph (1) shall be expunged as provided for under section
9123 (relating to juvenile records).
(b) Stalking.--(Deleted by amendment).
(b.1) 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.
(3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed
to have been committed at the place where the child who is the subject of the communication
resides.
(c) Grading.--
(1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or
(3) shall constitute a summary offense.
(2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor
of the third degree.
(3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one
degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108
(relating to relief) involving the same victim, family or household member.
(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.
(e.1) Course of conduct.--(Deleted by amendment).
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Communicates." Conveys 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.
"Seriously disparaging statement or opinion." A statement or opinion which is intended to and under the circumstances is reasonably
likely to cause substantial emotional distress to a child of the victim's age and
which produces some physical manifestation of the distress.
(June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 2, 1997, P.L.379, No.44, eff. 60 days;
Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff.
60 days; Nov. 27, 2013, P.L.1061, No.91, eff. 60 days; July 10, 2015, P.L.140, No.26,
eff. 60 days; Nov. 4, 2015, P.L.224, No.59, eff. 60 days)
2015 Amendments. Act 26 amended subsecs. (c)(2) and (f) and added subsecs. (a.1) and (b.1)(3) and 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.
2013 Amendment. Act 91 amended subsec. (c) and added the def. of "family or household member" in subsec.
(f).
2002 Amendment. 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 is referred to in sections 4954, 4955, 5708 of this title; sections 6108,
6711 of Title 23 (Domestic Relations); sections 3573, 62A03 of Title 42 (Judiciary
and Judicial Procedure); section 6138 of Title 61 (Prisons and Parole).
Notes of Decisions
Cited in
397
cases (
129 in the last 5 years), 1975–2026 · leading case:
E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. Ct. 2020).
E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. Ct. 2020).
· cites it 4× “In his view, the trial court could not have concluded Children were abused or were in danger of abuse within the 9 We note there is some ambiguity in the PFA Act as to whether “as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.”
In the Int. of: T.Q.B., a Minor, 286 A.3d 270 (Pa. Super. Ct. 2022).
· cites it 10× “§ 6321(c) (transmission of sexually explicit images by a minor) and 18 Pa.C.S. § 2709(a.1) (cyber harassment of a child).”
Com. v. Salinas, R., 307 A.3d 790 (Pa. Super. Ct. 2023).
· cites it 6× “3 Appellant, Appellant’s son Daniel, and the ____________________________________________ 1 18 Pa.C.S. § 2709(a)(3). 2 We note that Appellant’s son Daniel Salinas has also appealed his Harassment conviction arising from the same incident.”
Commonwealth v. Duncan, 363 A.2d 803 (Pa. Super. Ct. 1976).
· cites it 8× “The statute in question, 18 Pa. C.S. § 2709, provides as follows: *543 "A person commits a summary offense when, with intent to harass, annoy or alarm another person: .”
Commonwealth v. Ostrosky, 909 A.2d 1224 (Pa. 2006).
· cites it 4× “§ 5503(a)(1-4); and two counts of harassment and stalking, 18 Pa.C.S. § 2709. Regarding the Commonwealth's allegation that Ostrosky violated the retaliation statute, the Commonwealth alleged that Ostrosky harmed the Fosters by making terroristic threats, engaging in disorderly…”
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
· cites it 2× “§5505, and harassment, 18 Pa.C.S. §2709(a)(1). At this same time, appellant was also charged with the misdemeanor offense of disorderly conduct, 18 Pa.”
Alabama v. Shelton, 535 U.S. 654 (2002).
· cites it 2× “2002); 18 Pa. Cons. Stat. §§ 2709 (a), (c)(1) (2000).”
Commonwealth v. Urrutia, 653 A.2d 706 (Pa. Super. Ct. 1995).
· cites it 4× “18 Pa.Cons.Stat.Ann. § 2709(a)(3); see also Commonwealth v.”
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
· cites it 2× “3 18 Pa.C.S. § 2709(A)(4). 4 Victim's sister also testified that she reported the account bearing the name "Quin Loveislove Robbins" to Facebook due to the inappropriate posts.”
Com. v. Wroten, C., 2021 Pa. Super. 124 (Pa. Super. Ct. 2021).
· cites it 2× “18 Pa.C.S. § 2709(a)(1). Furthermore, an inference can be drawn from Appellee’s actions that it was more likely than not that he had the “intent to harass, annoy or alarm” Rogers.”
Commonwealth v. Manivannan, 186 A.3d 472 (Pa. Super. Ct. 2018).
“"] 18 Pa.C.S. § 2709(a)(7). 5 As we dispose of Appellant's claim on the basis of his first argument, we need not examine his alternative argument.”
— 18 Pa. Cons. Stat. § 2709(1) — 7 cases
— 18 Pa. Cons. Stat. § 2709(2) — 1 case
— 18 Pa. Cons. Stat. § 2709(3) — 8 cases
Commonwealth v. Duncan, 363 A.2d 803 (Pa. Super. Ct. 1976).
“The statute in question, 18 Pa. C.S. § 2709, provides as follows: *543 "A person commits a summary offense when, with intent to harass, annoy or alarm another person: .”
— 18 Pa. Cons. Stat. § 2709(8) — 1 case
Commonwealth v. Duncan, 363 A.2d 803 (Pa. Super. Ct. 1976).
“The statute in question, 18 Pa. C.S. § 2709, provides as follows: *543 "A person commits a summary offense when, with intent to harass, annoy or alarm another person: .”
— 18 Pa. Cons. Stat. § 2709(A)(1) — 1 case
— 18 Pa. Cons. Stat. § 2709(A)(4) — 1 case
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
“3 18 Pa.C.S. § 2709(A)(4). 4 Victim's sister also testified that she reported the account bearing the name "Quin Loveislove Robbins" to Facebook due to the inappropriate posts.”
— 18 Pa. Cons. Stat. § 2709(a) — 26 cases
Commonwealth v. Ostrosky, 909 A.2d 1224 (Pa. 2006).
“§ 5503(a)(1-4); and two counts of harassment and stalking, 18 Pa.C.S. § 2709. Regarding the Commonwealth's allegation that Ostrosky violated the retaliation statute, the Commonwealth alleged that Ostrosky harmed the Fosters by making terroristic threats, engaging in disorderly…”
E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. Ct. 2020).
“In his view, the trial court could not have concluded Children were abused or were in danger of abuse within the 9 We note there is some ambiguity in the PFA Act as to whether “as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.”
In the Int. of: T.Q.B., a Minor, 286 A.3d 270 (Pa. Super. Ct. 2022).
“§ 6321(c) (transmission of sexually explicit images by a minor) and 18 Pa.C.S. § 2709(a.1) (cyber harassment of a child).”
— 18 Pa. Cons. Stat. § 2709(a)(1) — 117 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“§5505, and harassment, 18 Pa.C.S. §2709(a)(1). At this same time, appellant was also charged with the misdemeanor offense of disorderly conduct, 18 Pa.”
Com. v. Wroten, C., 2021 Pa. Super. 124 (Pa. Super. Ct. 2021).
“18 Pa.C.S. § 2709(a)(1). Furthermore, an inference can be drawn from Appellee’s actions that it was more likely than not that he had the “intent to harass, annoy or alarm” Rogers.”
— 18 Pa. Cons. Stat. § 2709(a)(2) — 7 cases
— 18 Pa. Cons. Stat. § 2709(a)(3) — 58 cases
Com. v. Salinas, R., 307 A.3d 790 (Pa. Super. Ct. 2023).
“3 Appellant, Appellant’s son Daniel, and the ____________________________________________ 1 18 Pa.C.S. § 2709(a)(3). 2 We note that Appellant’s son Daniel Salinas has also appealed his Harassment conviction arising from the same incident.”
Commonwealth v. Urrutia, 653 A.2d 706 (Pa. Super. Ct. 1995).
“18 Pa.Cons.Stat.Ann. § 2709(a)(3); see also Commonwealth v.”
— 18 Pa. Cons. Stat. § 2709(a)(4) — 59 cases
Commonwealth v. Danzey, 210 A.3d 333 (Pa. Super. Ct. 2019).
“3 18 Pa.C.S. § 2709(A)(4). 4 Victim's sister also testified that she reported the account bearing the name "Quin Loveislove Robbins" to Facebook due to the inappropriate posts.”
— 18 Pa. Cons. Stat. § 2709(a)(5) — 2 cases
— 18 Pa. Cons. Stat. § 2709(a)(7) — 13 cases
Commonwealth v. Manivannan, 186 A.3d 472 (Pa. Super. Ct. 2018).
“"] 18 Pa.C.S. § 2709(a)(7). 5 As we dispose of Appellant's claim on the basis of his first argument, we need not examine his alternative argument.”
— 18 Pa. Cons. Stat. § 2709(a)(9) — 1 case
— 18 Pa. Cons. Stat. § 2709(a)(I) — 1 case
— 18 Pa. Cons. Stat. § 2709(a)(l) — 10 cases
— 18 Pa. Cons. Stat. § 2709(b) — 3 cases
Commonwealth v. Urrutia, 653 A.2d 706 (Pa. Super. Ct. 1995).
“18 Pa.Cons.Stat.Ann. § 2709(a)(3); see also Commonwealth v.”
— 18 Pa. Cons. Stat. § 2709(b)(1) — 1 case
— 18 Pa. Cons. Stat. § 2709(b)(2) — 2 cases
— 18 Pa. Cons. Stat. § 2709(c) — 2 cases
— 18 Pa. Cons. Stat. § 2709(c)(1) — 4 cases
— 18 Pa. Cons. Stat. § 2709(c)(2) — 3 cases
— 18 Pa. Cons. Stat. § 2709(c)(3) — 2 cases
E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. Ct. 2020).
“In his view, the trial court could not have concluded Children were abused or were in danger of abuse within the 9 We note there is some ambiguity in the PFA Act as to whether “as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.”
— 18 Pa. Cons. Stat. § 2709(c)(9) — 1 case
— 18 Pa. Cons. Stat. § 2709(e) — 2 cases
— 18 Pa. Cons. Stat. § 2709(e)(4) — 1 case
— 18 Pa. Cons. Stat. § 2709(f) — 20 cases
E.K. v. J.R.A., 237 A.3d 509 (Pa. Super. Ct. 2020).
“In his view, the trial court could not have concluded Children were abused or were in danger of abuse within the 9 We note there is some ambiguity in the PFA Act as to whether “as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.”
Commonwealth v. Urrutia, 653 A.2d 706 (Pa. Super. Ct. 1995).
“18 Pa.Cons.Stat.Ann. § 2709(a)(3); see also Commonwealth v.”
— 18 Pa. Cons. Stat. § 2709(h) — 1 case
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