§ 2709.1.  Stalking.
        (a)  Offense defined.--A person commits the crime of stalking
     when the person either:
            (1)  engages in a course of conduct or repeatedly commits
        acts toward another person, including following the person
        without proper authority, under circumstances which
        demonstrate either an intent to place such other person in
        reasonable fear of bodily injury or to cause substantial
        emotional distress to such other person; or
            (2)  engages in a course of conduct or repeatedly
        communicates to another person under circumstances which
        demonstrate or communicate either an intent to place such
        other person in reasonable fear of bodily injury or to cause
        substantial emotional distress to such other person.
        (b)  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.
        (c)  Grading.--
            (1)  Except as otherwise provided for in paragraph (2), a
        first offense under this section shall constitute a
        misdemeanor of the first degree.
            (2)  A second or subsequent offense under this section or
        a first offense under subsection (a) if the person has been
        previously convicted of a crime of violence involving the
        same victim, family or household member, including, but not
        limited to, a violation of section 2701 (relating to simple
        assault), 2702 (relating to aggravated assault), 2705
        (relating to recklessly endangering another person), 2901
        (relating to kidnapping), 3121 (relating to rape) or 3123
        (relating to involuntary deviate sexual intercourse), an
        order issued under section 4954 (relating to protective
        orders) or an order issued under 23 Pa.C.S. § 6108 (relating
        to relief) shall constitute a felony of the third degree.
        (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
     conduct by a party to a labor dispute as defined in the act of
     June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
     Injunction Act, or to any constitutionally protected activity.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Communicates."  To convey 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.
     (Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

        2002 Amendment.  Act 218 added section 2709.1. 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 2709.1 is referred to in sections
     2711, 4954, 4955, 5708, 6105 of this title; section 3304 of
     Title 5 (Athletics and Sports); sections 5329, 6108, 6344, 6702,
     6704, 6711 of Title 23 (Domestic Relations).