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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted:	December 18, 2012 02:01 PM
From:	Representative Ron Marsico
To:	All House members
Subject:	Harassment and Violation of Protection from Abuse Order

When the 2013-2014 Session begins, I will introduce legislation to bring the crime of harassment into line with the crime of stalking when it comes to a defendant who has been held in contempt for violating a protection from abuse order. Currently, the grading for the crime of stalking is enhanced one degree if the defendant has been held in contempt for violating a protection from abuse order. Under 18 Pa.C.S. 2709.1, if a defendant has violated a protection from abuse order, the grading of the crime rises from a misdemeanor of the first degree to a felony of the third degree. Accordingly, the legislation I will introduce provides that the crime of harassment be enhanced one degree if the defendant has violated a protection from abuse order. Currently, 18 Pa.C.S. 2709 provides that committing a strike, kick, or shove with intent to harass another is graded as a summary offense (maximum penalty 90 days imprisonment). Under my legislation, the summary offense would rise to the level of a misdemeanor of the third degree (maximum penalty one year imprisonment). Further, the acts regarding communication which constitute harassment - - communicating with lewd, obscene or threatening words or at inconvenient hours or repeatedly in an anonymous manner - - are currently graded as a misdemeanor of the third degree under 18 Pa.C.S. 2709. Under my legislation, the grading would rise to a misdemeanor of the second degree (maximum penalty two years imprisonment), if the defendant violated a protection from abuse order. I hope that you will join me in co-sponsoring this legislation. Thank you for your interest and support.

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