PRINTER'S NO. 787
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
703
Session of
2021
INTRODUCED BY BAKER, SANTARSIERO, VOGEL AND COLLETT,
MAY 21, 2021
REFERRED TO JUDICIARY, MAY 21, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of stalking.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2709.1(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes, amended June 5, 2020
(P.L.246, No.32), are amended to read:
§ 2709.1. Stalking.
(a) Offense defined.--A person commits the crime of stalking
when the person[ either:
(1) engages]:
(1) Engages in a course of conduct or repeatedly commits
acts toward another person, including following the person
without proper authority, notwithstanding if the other person
has knowledge of the conduct or acts:
(i) under circumstances which demonstrate either an
intent to place such other person in reasonable fear of
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bodily injury or to cause substantial emotional distress
to such other person; or
(ii) which as a result intentionally, knowingly or
recklessly places such other person in reasonable fear of
bodily injury or causes substantial emotional distress to
such other person.
(2) [engages] Engages in a course of conduct or
repeatedly communicates to another person:
(i) 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[.];
or
(ii) which as a result intentionally, knowingly or
recklessly places such other person in reasonable fear of
bodily injury or causes substantial emotional distress to
such other person.
(3) Engages in a course of conduct or repeatedly uses
social media or Internet platforms to communicate to another
person, request permission to access Internet profiles or
social media information about another person or to
communicate with or request permission to access Internet
profiles or social media information of those associated with
the person, notwithstanding if the other person has knowledge
of such conduct or acts:
(i) under circumstances which demonstrate or
communicates 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
(ii) which as a result intentionally, knowingly or
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recklessly places such other person in reasonable fear of
bodily injury or causes substantial emotional distress to
such other person.
(4) Engages in any combination of the course of conduct
or acts specified under paragraphs (1), (2) and (3).
* * *
(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), 2718
(relating to strangulation), 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.]
(2) As follows:
(i) A first offense under this subsection shall
constitute a felony of the third degree if the person has
been previously convicted of:
(A) a crime of violence as defined under section
9714(g) (relating to sentences for second and
subsequent offenses);
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(B) a crime involving the same victim, family or
household member, including, but not limited to, a
violation of:
(I) section 2701 (relating to simple
assault;
(II) section 2705 (relating to recklessly
endangering another person;
(III) an order issued under section 4954
(relating to protective orders); or
(IV) an order issued under 23 Pa.C.S. § 6108
(relating to relief).
(ii) A second or subsequent offense under this
section or a first offense under subsection (a) shall
constitute a felony of the third degree.
Section 2. This act shall take effect in 60 days.
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