Harrassment

 2709.  Harassment.

(a)  Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:

(1)  strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

(2)  follows the other 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 other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;

(5)  communicates repeatedly in an anonymous manner;

(6)  communicates repeatedly at extremely inconvenient hours; or

(7)  communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).

(a.1)  Cyber harassment of a child.--

(1)  A person commits the crime of cyber harassment of a child if, with intent to harass, annoy or alarm, the person engages in a continuing course of conduct of making any of the following by electronic means directly to a child or by publication through an electronic social media service:

(i)  seriously disparaging statement or opinion about the child's physical characteristics, sexuality, sexual activity or mental or physical health or condition; or

(ii)  threat to inflict harm.

(2)  (i)  If a juvenile is charged with a violation of paragraph (1), the judicial authority with jurisdiction over the violation shall give first consideration to referring the juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or No. 370 (relating to Consent Decree). As part of the diversionary program, the judicial authority may order the juvenile to participate in an educational program which includes the legal and nonlegal consequences of cyber harassment.

(ii)  If the person successfully completes the diversionary program, the juvenile's records of the charge of violating paragraph (1) shall be expunged as provided for under section 9123 (relating to juvenile records).

(b)  Stalking.--(Deleted by amendment).

(b.1)  Venue.--

(1)  An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.

(2)  Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

(3)  In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed to have been committed at the place where the child who is the subject of the communication resides.

(c)  Grading.--

(1)  Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.

(2)  An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor of the third degree.