Harassment and stalking are both serious offenses, though they do have their differences. The line between these two charges can be confusing and difficult to determine. Regardless of the particulars of your case, it’s in your best interest to seek the assistance of a Philadelphia criminal defense lawyer to present the details fairly.
What Constitutes Harassment?
The definition of harassment falls under Pennsylvania Criminal Code Statute 18 – 2709. It includes the following actions: shoving, kicking, striking, or otherwise physically contacting another individual; threatening to do any of the above physical actions; following an individual around a public place(s); engaging in repeated acts or conduct without a legitimate purpose; conveying to or about someone else drawings, words, or language that is of a lewd or threatening nature; anonymously communicating with someone on a repetitive basis; repeatedly communicating with another person when it’s an extremely inconvenient time; and repeatedly communicating in another form.
It’s important to note that someone will be declared guilty of a harassment charge only if the court determines that they engaged in these actions with intent to harass, annoy, or alarm another person. A charge of harassment applies whether the communications were in person, over the phone, online, or through some other means. This also needs to cause the person some emotional distress, which means that they are undergoing a temporary or permanent state of mental anguish. A criminal defense attorney in Philadelphia can sort through the complicated details of what has occurred to make the proceedings go as smoothly as possible.
Charges of harassment are considered at a higher level of severity if the actions are against a child online. It does not matter if the communications were to the person privately or publicly on social media. These charges are taken a bit more seriously, whether it’s threats of harm or disparaging comments or opinions on the child’s appearance, sexuality, disability, etc.
How Stalking Differs from Harassment in Pennsylvania
Stalking is found in the Pennsylvania Criminal Code under Statute 18 – 2709.1. Stalking often is said to be a form of harassment, but it is on another level compared to the severity you see with harassment. You might need to get assistance from a sex crimes lawyer in Philadelphia.
The definition of stalking is a course of repeated actions or conduct that makes another person reasonably fear emotional distress or bodily harm or a course of action and repeated communication with the intent to make another person fear emotional distress or bodily harm. The key thing here is that it must involve more than one act over a certain period. This can include repeated emails, texts, other messages, social media posts, and phone calls. It also can be in the form of following an individual in a way that harasses or scares them, sending or giving them unwelcome gifts, and standing by their home, car, or workplace.
When it comes to this type of scenario, every detail is important to build a case to look at the circumstances and come up with a proper legal resolution. The consequences of the conviction can have a serious effect on the lives of everyone involved.
Harassment and Stalking Charges Require Legal Defense
If you’ve been accused of harassment or stalking, you want to get a criminal defense attorney to help you with your case as soon as possible. They will find out your side and know how to represent you so that the proceedings are fair and take all details into account. Contact us at Brennan Law Offices of the greater Philadelphia area today with your concerns and to see how we can help you.