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

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 % 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