2.3 Harassment, Stalking & Terroristic Threats

2.3 Harassment, Stalking & Terroristic Threats

In modern police operations, officers frequently respond to domestic disputes, workplace conflicts, and digital communications involving psychological intimidation, coercive control, and threats of violence. Pennsylvania criminal statutes under 18 Pa.C.S. §§ 2706, 2709, 2709.1, and 2710 equip law enforcement officers with specific statutory authority to intervene before verbal threats or stalking behavior escalate into physical violence. Police officers must understand the statutory boundaries of protected speech under the First Amendment versus criminalized threats, the evidentiary requirements for establishing a "course of conduct," and the application of hate crime enhancements.

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Terroristic Threats (18 Pa.C.S. § 2706)

Statutory Elements

A person commits the crime of Terroristic Threats if he communicates, directly or indirectly, a threat to:

1. Commit any crime of violence with intent to terrorize another;
2. Cause the evacuation of a building, place of assembly, or facility of public transportation; or
3. Otherwise cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.

Key Legal Nuances for Law Enforcement

• No Requirement of Ability or Execution: The prosecution does not need to prove that the defendant had the immediate capability of carrying out the threat or that he actually intended to execute it. The crime is complete upon the communication of the threat made with the intent to cause terror or extreme panic.
• Spur-of-the-Moment Angry Outbursts: Pennsylvania courts have established that single, angry outbursts born of transient emotional distress (e.g., a heated argument where someone yells "I'll knock your block off") may lack the requisite intent to terrorize. However, threats promising severe violence, bomb threats, or threats accompanied by weapons clearly satisfy § 2706.
• Statutory Grading:
  • Misdemeanor 1st Degree (M1): Standard grading for threats directed at individuals.
  • Felony 3rd Degree (F3): Elevated if the threat causes the disruption of public transit, educational facilities, or public assembly (e.g., false bomb threats called into schools or courthouses).

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Harassment (18 Pa.C.S. § 2709)

Statutory Elements

A person commits Harassment if, with intent to harass, annoy, or alarm another person, he:

1. Strikes, shoves, kicks, or otherwise subjects the person to physical contact, or attempts/threatens to do so;
2. Follows the person in or about a public place or places;
3. Engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
4. Communicates to or about such person any lewd, lascivious, threatening, or obscene words, language, drawings, or caricatures;
5. Communicates repeatedly at extremely inconvenient hours;
6. Communicates repeatedly by means of electronic, digital, or cyber communications.

Statutory Grading

• Summary Offense: Applies to physical contact (striking, shoving), following in public places, or basic non-repetitive acts.
• Misdemeanor 3rd Degree (M3): Applies to repetitive communications, lewd/threatening messages, cyberharassment, or violations after prior harassment convictions.

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Stalking (18 Pa.C.S. § 2709.1)

Stalking is a severe offense involving repeated, coercive behaviors that induce fear or severe emotional trauma in victims.

Statutory Elements

A person commits Stalking if he engages in a course of conduct or repeatedly commits acts, including repeatedly following the person or repeatedly communicating, under circumstances demonstrating either:

1. An intent to place the person in reasonable fear of bodily injury; or
2. An intent to cause substantial emotional distress to the person.

Defining "Course of Conduct"

Section 2709.1 defines a course of conduct as a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of purpose. This includes direct physical surveillance, waiting outside a victim's residence, sending unwanted gifts, tracking via GPS/airtags, or posting harassing digital content.

Statutory Grading & Escalation

• Misdemeanor 1st Degree (M1): General baseline grading for a first offense.
• Felony 3rd Degree (F3): Upgraded to a felony if:
  • The defendant has a prior conviction for Stalking;
  • The defendant has a prior conviction for any violent crime involving the same victim; or
  • The offense is committed in violation of an active Protection From Abuse (PFA) order.

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Ethnic Intimidation (18 Pa.C.S. § 2710) — Hate Crime Enhancer

Pennsylvania's hate crime statute operates as an underlying offense enhancer rather than a standalone charge.

Statutory Mechanics

A person commits Ethnic Intimidation if he commits an underlying offense (such as Harassment, Simple Assault, REAP, Criminal Mischief, or Terroristic Threats) with malicious intention toward the race, color, religion, national origin, ancestry, disability, sexual orientation, or gender identity of another individual or group.

Grading Enhancement Rule

Ethnic Intimidation elevates the statutory grading of the underlying offense by one degree higher:

• An underlying Summary Offense becomes a Misdemeanor 3rd Degree (M3).
• An underlying Misdemeanor 3rd Degree (M3) becomes an M2.
• An underlying Misdemeanor 1st Degree (M1) (such as Terroristic Threats) becomes a Felony 3rd Degree (F3).

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Police Evidence Gathering & Digital Harassment Nuances

When investigating harassment, stalking, and threat cases, police officers must execute systematic evidence gathering protocols to ensure successful prosecution:

1. Digital Evidence Preservation: Document timestamps, IP addresses, call detail records, cell tower data, and social media header information. Instruct victims not to delete text threads or block accounts prior to forensic extraction.
2. Lethality Assessment Protocol (LAP): Screen intimate partner stalking cases using LAP tools to identify high-danger indicators (e.g., access to firearms, threats of suicide by suspect, recent separation, strangulation history).
3. Documenting Course of Conduct: Maintain detailed officer logs detailing each distinct contact event to establish continuity of purpose beyond a reasonable doubt.
4. Enforcing Protection Orders: Verify active PFA entries in NCIC/CLEAN and immediately file criminal contempt charges (23 Pa.C.S. § 6114) or enhanced stalking charges upon proof of contact.

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Threats, Stalking & Harassment Comparison Table