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Stalking Cannot Be Accidental or Inadvertent in PA

Posted by Joseph D. Lento | Apr 28, 2024 | 0 Comments

Authorities in Tennessee recently arrested a Pennsylvania man, alleging that he stalked a victim from Pennsylvania to Tennessee. The defendant had traveled first to Texas, then to Tennessee, and had made an appointment to see the alleged victim under a false name. Following a search of the man's car, Tennessee authorities found two weapons, one of which had a silencer. The stalking charges involved some behavior that occurred in Pennsylvania.  

To meet the legal definition of stalking in PA, a defendant must have acted repeatedly and with intent. It is not possible to stalk someone by accident or only once. The statute requires a course of conduct and intent.  

If you have been accused of stalking, contact the Criminal Defense Team at the LLF Law Firm today. They have experience in criminal defense, including defending against allegations of stalking. Call the LLF Law Firm at 888-535-3686 or leave your details online, and we will contact you.  

Definition of Stalking in PA 

Under 18 Pa. C.S.A. § 2709.1, a violation for stalking occurs when an individual:  

  • Repeatedly follows another person, without authority, where their actions show an intent to put the person in fear of injury or other emotional distress. 
  • Repeatedly communicates to another person where the circumstances show an intent to put the person in fear of injury or other emotional distress.  

Stalking is typically a first-degree misdemeanor if it is a first offense. Subsequent offenses, however, can rise to a class 3 felony if the defendant is convicted of domestic violence or has violated a protective order (PFA). The penalty for a first-degree misdemeanor is up to 5 years in prison and a fine of up to $10,000. A third-degree felony is up to 7 years in prison and a fine of up to $15,000. 

Stalking Must Be Repeated and Intentional 

The obvious problem with the crime of stalking is that relatively innocent conduct may become the basis of a very serious crime. The stalking statute provides two helpful protections: stalking must involve a “course of conduct” and be repetitive and intentional. Intentional means that the defendant intended to cause fear or distress; doing so negligently or recklessly is inadequate. Further, the actions must occur repeatedly and be part of a pattern of behavior. So, stalking is not calling someone repeatedly without intent to cause harm. It is not calling or confronting someone on one occasion—stalking must involve a repeated pattern of conduct designed to cause fear or distress.  

If You Are Accused of Stalking in PA 

If you are accused of stalking, call the LLF Law Firm Criminal Defense Team immediately. We will fight to protect your name and reputation against these claims. Conviction of stalking at either the misdemeanor level or felony level can have a devastating effect on your life. It is vital to hire an experienced attorney who understands the stalking law and will present a robust defense. Call the experienced attorneys at the LLF Law Firm at 888-535-3686 or contact us online. Don't wait—these crimes are punishable with significant prison sentences and fines. 

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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