Harassment is more than just bothering somebody. Harassment is a serious criminal offense in Pennsylvania, and defendants may risk jail time. While jail time for harassment is not as significant as it is for other charges, it is still possible. If you are facing harassment charges, get help from an experienced attorney now.

Harassment is a somewhat broad criminal offense that may consist of various behaviors. However, behavior that amounts to harassment is more than simply bothering someone else. It often involves actions meant to alarm or cause fear in others. It may also include highly offensive or lewd actions or comments. Even physical actions, like shoving or kicking, may constitute harassment. Harassment is typically not a felony offense. Most defendants face summary offenses that carry minimal jail time. However, you might be charged with a misdemeanor under certain circumstances, and jail time may be longer.

Receive a private, free case evaluation from our Philadelphia harassment and stalking defense lawyers by calling the Liberty Law Team at (215) 826-3314.

Possible Penalties for Harassment Charges

The crime of harassment is described under 18 Pa.C.S. § 2709(a). Harassment may involve various behaviors, but the key is that the defendant must intend to annoy, alarm, or harass the alleged victim. This is often more than just bothering someone and often causes victims significant distress.

Harassment that consists of physical contact (e.g., hitting, kicking, shoving), following another person, or a repeated course of conduct that serves no legitimate purpose may be charged as a summary offense, according to subsection (c)(1). According to § 1105, summary offenses may be penalized with a jail term of no more than 90 days, although jail time for summary offenses is less common.

More serious forms of harassment, such as harassment of a sexual nature, or harassment that is anonymous, may be charged as a third-degree misdemeanor, as described in more detail below.

Can You Go to Jail for Cyber Harassment in Pennsylvania?

Much harassment today may occur online. In many cases, harassment happens through social media, and it often involves younger people. According to 18 Pa.C.S. § 2709(a.1), someone harassing a minor on the internet could face charges for cyber harassment of a child.

This may be a more common offense than many people realize. Now that most of us are online or have a social media presence, cyber harassment or cyberbullying has become all too common. Our Pennsylvania harassment and stalking defense lawyers may review social media posts and communications between you and the alleged victim to determine if your actions arise to harassment or not.

Cyber harassment may be charged as a third-degree misdemeanor punishable by up to 1 year in jail. However, for juvenile offenders, the court may offer diversionary options that may help adjudicated juveniles avoid incarceration.

Possible Jail Time for Sexual Harassment

There is no separate statute specifically for sexual harassment. Instead, sexual harassment is wrapped up in ordinary harassment charges. You may be charged under the same statute for harassment if your conduct allegedly involves lewd. Lascivious, or obscene words, language, drawings, threats, or caricatures.

While sexual harassment is defined under the same statute as ordinary harassment, it is charged and penalized differently. Sexual harassment charges may be graded as a third-degree misdemeanor. Generally, sexual harassment does not involve sexual or inappropriate touching or physical contact. It often involves verbal communication but can include things like sending unwanted sexual or graphic images.

Sentencing for misdemeanors is described under 18 Pa.C.S. § 1104. For a third-degree misdemeanor, you may be sentenced to up to 1 year in jail.

How Likely is Jail Time for Harassment Charges in Pennsylvania?

While jail time for harassment charges is technically possible it is not always highly likely. This depends on the situation, but harassment is generally not harshly punished, at least not compared to other criminal offenses.

Harassment is considered a non-violent offense, so it typically does not carry jail time. As a summary offense, jail time is a possibility, but it is incredibly uncommon.

Even when it is charged as a misdemeanor, the Sentencing Guidelines in Pennsylvania usually limit punishment to probation unless you have multiple prior offenses. This does, however, mean that your freedoms will typically be restricted through probation if you are convicted of misdemeanor harassment charges.

Other Criminal Charges Related to Harassment in Pennsylvania

Harassment is often charged alongside other offenses. In many cases, harassment accompanies things like stalking or even assault. As such, you might be facing additional charges and penalties, and your odds of going to jail might be significantly higher.

The line between harassment and more serious offenses like stalking or assault is not always clear. Prosecutors might overcharge you, and we can urge them to reduce charges to something more appropriate.

What if a Victim of Harassment Lives in a Different State from the Defendant?

Harassment, particularly cyber harassment, may involve people who live in different towns, counties, or states. As such, it can be difficult to determine where a crime of harassment actually occurs, and which county or state has jurisdiction over the case.

According to 18 Pa.C.S. § 1709(b.1), harassment may be deemed to have been committed in the place where the defendant sent or committed harassing behavior or the place where the alleged victim received that behavior.

On top of that, harassment often involves repeated actions over a period of time. As such, harassment might involve actions taken in multiple jurisdictions. To establish a pattern of behavior in the defendant, the authorities may use evidence of harassment in any other jurisdiction where it occurs.

Contact Our Pennsylvania Harassment and Stalking Defense Lawyer

Receive a private, free case evaluation from our Philadelphia criminal defense lawyers by calling the Liberty Law Team at (215) 826-3314.