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Stalking, Cyberstalking

Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree.

A misdemeanor of the first degree is punishable by 1 year in jail and a $1,000.00 fine.

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree.

A felony of the third degree is punishable by 5 years in prison and a $5,000.00 fine.

Definitions

Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. 

Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

Willfully means knowingly, intentionally, and purposely. 

Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.

Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence or an injunction for protection against domestic violence or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyber- stalks another person commits the offense of aggravated stalking, a felony of the third degree.

A felony of the third degree is punishable by 5 years in prison and a $5,000.00 fine.

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree.

A felony of the third degree is punishable by 5 years in prison and a $5,000.00 fine.

A person who, after having been sentenced for a violation of or and prohibited from contacting the victim of the offense under willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree.

A felony of the third degree is punishable by 5 years in prison and a $5,000.00 fine.

The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under this section.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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