Chapter #27 (con’t)

Assault

Harassment and Stalking

2709

2709. Harassment• With intent to har-

ass, annoy, or alarm:

• 1. Strikes, shoves, kicks or makes physical contact

• 2. Follows some-one in public place

Harassment• 3. Engages in conduct serving no legitimate

purpose • 4. Communicates lewd or obscene writing or

drawings• 5. Repeated communication anonymously• 6. Repeated communication at inconvenient

hours• 7. Communicates in a way not covered in 4, 5, or

6

2709. Harassment

• Grading:• Summary (sections 1,

2, 3)• M-3 (4-7)• Communicates – oral,

nonverbal, written, or electronic

Harassment - definitions

• Course of conduct – pattern of actions comprised of more than one, however, short evidencing course of conduct

• Communicates and course of action same for stalking

2709.1 Stalking• Crime committed

when actor:• 1. Engages in a course

of conduct including following placing victim in fear of B.I. or substantial emotional distress

Stalking• 2. Engages in course of conduct where

communicating repeatedly with victim places them in fear of B.I. or substantial emotional distress

• Venue: either placed or received• M-1: first offense• F-3, second or more offenses or previous

conviction for crime of violence

Ethnic Intimidation• Malicious intent

toward actual or perceived race,

color, religion, national origin, ancestry, mental or physical ability, sexual orientation,

• Gender or gender identity he commits an act guilty of ethnic intimidation

Ethnic Intimidation

• Graded one grade higher than offense indicated

• See specific sections

• malicious intent - destruction motivated by hatred

Institutional Vandalism: 3307

• Knowingly desecrates, vandalizes, defaces, mars or damages:

• 1. Houses of worship• 2. Cemeteries, mortuaries• 3. Schools• 4. M-2; F-3 if cost + $5000

5509: Desecration of Venerated Objects

• Intentional de-struction of – public monument, place of worship / cemetary, or other venerated object

• M-2

Domestic Violence - PA

• 2002 statistics - + 19%

• 126 homicides (106 – 2001)

• 76 women died

• 34 men died

• 14 children died

PA statistics (continued)

• Methods:

• 74 gunshots

• 15 stabbed

• 7 strangled

• 4 bludgeoned

• 3 beaten

• 3 burned by fire

• 1 each by poison, bow and arrow, axe, smothered

PA statistics continued

6 occurred in Lehigh County

2 occurred in Northampton County

Domestic Violence

• Section 2711

• Police can arrest without warrant in domestic violence cases: involuntary manslaughter

• simple / aggravated assault

Domestic Violence• Recklessly endangering, terroristic

threats, harassment / stalking• Police must see evidence of assault• Weapons used in offense must be

seized• Bail: determined by magistrate

Domestic Violence

• Issuance of temporary protection from abuse order

• Violation: revocation of bail and bench warrant

Notice of Rights under P.F.A.

• 1. Order restraining abuser from further abuse• 2. Order directing abuser to leave home• 3. Order preventing abuser from entering home,

school, business or employment• 4. Order awarding temporary custody of children• 5. Order directing abuser to pay child support

2712:Assault on Sports Official

• Simple assault where victim an official during con-test or result of contest

Assault on Sports Official

• M - 1

• PIAA, collegiate, pro

• Referees, coaches, AD’s, trainers, principals

2714: Unauthorized Administration of Intoxicant

• Impairs someone with drug or intoxicant to: rape, idsi or I.a.

• F-3

2715. Threat to Use Weapons of Mass Destruction

• A person who intentionally:• 1. Reports without knowledge the existence of

this weapon• 2. Threatens to place this weapon• Penalties• M-1• F-3: disruption of normal activities• F-2: during national emergency

2715.Threats – additional penalty

• 1. Pay for cost of disruption and EMS

• 2. Law suits allowed above the EMS cost

2715. Definitions

• Biological Agent: natural or genetically engineer-ed pathogen, toxin, virus, bacteria

• Bomb: explosive device for unlawful purpose• Chemical Agent: nerve, choking, blood, or other

life threatening compound• Nuclear Agent: radioactive• WEAPON OF MASS DESTRUCTION: ALL

THE ABOVE

2716. Weapons of Mass Destruction

• Unlawful possession or manufacture: F-2

• Injury of illness: F-1• Damage to: food,

water supply, water-ways, state lands sur-face water, ground water and wildlife: F-2

2716. Weapons of Mass Destruction

• Additional Penalties:• Restitution: EMS, disruption, law suits

• Enforcement:• PA Attorney General• County District Attorneys