Stalking Under Pennsylvania Law: Understanding What Behavior Constitutes This Crime

Stalking is a serious crime under Pennsylvania law, punishable by fines and imprisonment. The crime involves a pattern of behavior that causes another person to fear for their safety or well-being. However, not all unwanted or harassing behavior qualifies as stalking under Pennsylvania law. In this blog post, we will explore what constitutes stalking under Pennsylvania law, and provide examples of what is not considered stalking.

Under Pennsylvania law, stalking is defined as engaging in a course of conduct or repeatedly committing acts toward another person that would cause a reasonable person to fear for their safety or the safety of their loved ones. This can include behaviors such as following someone, making unwanted phone calls or sending unwanted messages, and sending unwanted gifts or letters.

It is important to note that one isolated incident is not considered stalking. Rather, there must be a pattern of behavior that causes the victim to fear for their safety or well-being. Additionally, the victim does not have to explicitly tell the perpetrator to stop the behavior in order for it to be considered stalking.

However, not all unwanted or harassing behavior constitutes stalking under Pennsylvania law. For example, if someone sends a single unwanted message or gift, this would not be considered stalking. Similarly, if someone follows someone briefly in order to ask them a question, this would not be considered stalking.

Other behaviors that are not considered stalking under Pennsylvania law include normal and lawful activities, such as gathering information about someone for a lawful purpose, engaging in political activity, or engaging in activities related to a legitimate
business or educational purpose.

It is important to note that the examples of what is not considered stalking under Pennsylvania law are not exhaustive. Whether a behavior constitutes stalking depends on the specific circumstances of each case. If someone is unsure whether their behavior constitutes stalking, they should consult with an attorney or law enforcement.

In conclusion, stalking is a serious crime under Pennsylvania law that involves a pattern of behavior that causes another person to fear for their safety or well-being. While unwanted or harassing behavior may be unsettling, it may not necessarily constitute stalking. It is important to understand what behavior is and is not considered stalking under Pennsylvania law in order to avoid committing this crime, as well as to ensure that victims receive the appropriate legal protections.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.