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Stalking Defense Lawyers Serving Harrisburg, PA
In Pennsylvania, stalking requires an intent to cause reasonable fear of serious bodily injury or substantial emotional distress. This high standard requires Harrisburg prosecutors to demonstrate their intent to cause harm. If you’ve been accused of stalking, you need an experienced criminal defense attorney from Mette Law in Harrisburg, PA.
Overview of Pennsylvania Stalking Laws
Stalking is criminalized under § 2709.1 of Pennsylvania’s Criminal Code. It generally occurs when another person’s repeated behavior, such as standing outside a home at night, is intended to cause the victim great fear of harm or emotional distress. While this could include placing a female victim in fear of sexual violence, it does not typically involve sending flowers or appropriate gifts without the requisite ill intent.
Elements of Stalking in Harrisburg
To be convicted of stalking, prosecutors must establish each of the following elements:
Course of Conduct
Stalking necessarily involves a course of conduct and repeated behaviors. The Commonwealth must show that you are engaged in multiple acts that qualify as stalking to convict you under § 2709.1. These acts may include using lewd language or threatening and obscene words and drawings.
Intent
The stalking must occur under circumstances that demonstrate either your intent to place the victim under fear of bodily harm, including unwanted sexual acts, or your intent to cause the victim great emotional distress. Importantly, you do not have to intend to cause harm, but the acts must reasonably place the victim in fear of potential harm.
Communication
Stalking also requires communicating with intent to the victim. It may occur in person, such as repeatedly standing near the victim’s car after work, or via the following forms of communication:
- Calls
- Texting
- Cards
- Drawings
- Gestures
- Caricatures/printouts
- Writing
- Internet messaging
- Fax
Even nonverbal communication, such as staring, can qualify as stalking in PA. Contact our experienced law firm with skilled defense lawyers immediately if you are cited for or charged with stalking in Harrisburg.
Potential Consequences of Pennsylvania Stalking Convictions
Depending on the circumstances, stalking may be a misdemeanor or a felony. A first-time offense under § 2709.1(c) is a misdemeanor in the first degree, which may carry fines and prison time of less than one year. Penalties increase with subsequent offenses against the same victim or the victim’s household members.
If the offender was previously convicted of stalking, assault, rape, reckless endangerment, or kidnapping, or the victim (or household members) have a protective order against the offender, stalking is a third-degree felony in Pennsylvania. Felonies of the third degree carry fines up to $15,000 and up to 7 years imprisonment.
Contact a Stalking Crimes Defense Attorney in Harrisburg
If you’ve been accused of stalking, especially under any aggravating circumstances, this is a serious crime in Pennsylvania. Contact the experienced Harrisburg criminal defense lawyers at Mette Law to discuss the potential defenses available in your case, including lack of intent. Our dedicated stalking attorneys can also defend your rights if the victim files a false report. Call 717-232-5000 or contact us online immediately.