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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
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Chapter #27 (con’t) Assault
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 conductincludingfollowingplacing 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
Malicious intent toward actual or perceived race, color, religion,national origin,ancestry, mental or physical ability, sexual orientation, Gender or genderidentity he commits an act guilty of ethnic intimidation 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 • Intentionalde-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 withoutwarrant 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 possessionor 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