Proposed legislation from Labs would broaden the scope of criminal liability under Pennsylvania’s stalking statute by amending the Crimes Code.
Reps. Shelby Labs (R-Bucks), Kristin Marcell (R-Bucks), K.C. Tomlinson (R-Bucks), Abby Major (R-Armstrong/Westmoreland) and Natalie Mihalek (R-Allegheny/Washington) recently introduced a package of legislation that seeks to increase protections for stalking victims.
“This legislation was the result of many months of collaborative work between local law enforcement and constituents based on real life cases, which culminated in this package of bills aimed at protecting victims of stalking,” said Labs. “The goal of this legislation was to identify and close the gaps in our current laws, give law enforcement the ability to be more proactive, and ultimately give victims greater protection. With the growth of social media and the ability to easily obtain information about someone, it was imperative that we make sure our laws are effectually protecting victims. I want to thank my colleagues for their collaboration and advocacy on this very important issue. Today, we are taking a crucial step in combatting this crime and ensuring victims of stalking are protected.”
Proposed legislation from Labs would broaden the scope of criminal liability under Pennsylvania’s stalking statute by amending the Crimes Code to provide that a person commits the offense of stalking when the person knowingly or recklessly places another person in reasonable fear of bodily injury. Labs has also proposed legislation that would require defendants convicted of certain domestic violence offenses, such as aggravated assault, strangulation and stalking, to notify law enforcement and the Office of Victim Advocate if they obtain a new job, residency or vehicle. Other legislation would create the Civilian Community Relations Specialists Fund to alleviate the cost for police departments across the Commonwealth to establish and hire civilian community relations specialists.
Marcell proposed legislation that would allow judges to deny social media access to stalkers in Protection from Abuse (PFA) proceedings. While this is a common restriction for judges to impose for stalkers serving their sentence, it is unclear whether they can do so under the PFA Act. This legislation would provide that clarity to protect victims and deny social media access for stalkers in PFA proceedings.
“This legislation will provide critical protections for stalking victims by ensuring that those who seek to harm or intimidate through social media will no longer have that avenue available to them,” said Marcell. “By allowing judges to prohibit social media access in Protection from Abuse proceedings, we are giving victims a powerful tool to protect their safety and well-being, and sending a clear message that online stalking will not be tolerated.”
Tomlinson’s proposed legislation would impose a mandatory minimum penalty of at least five years’ incarceration for any defendant convicted of a second or subsequent offense of stalking.
“Given the world we live in today with social media stalking is easier than ever, we need to find more ways to protect victims and send a clear message to predators that these crimes will not be tolerated,” said Tomlinson.
Major proposed legislation to increase the grading of the offense of stalking from a misdemeanor to a felony when the victim is a minor and the defendant is an adult who is at least four years older than the minor victim.
“While all stalking is serious, victimization of children by adults adds another layer,” Major said. “There should be enhanced penalties when the victim is a minor. Child predators should not be given a slap on the wrist. The age dynamic needs to be weighed heavily.”
Mihalek propose legislation that would expand legal protections under Pennsylvania’s Protection of Victims of Sexual Violence and Intimidation Act (PVSVI Act) to all victims of stalking and harassment. Currently, the only individuals who can get a Protection from Intimidation order are minors who have been victimized. An adult who has been stalked or harassed cannot currently get recourse under the PVSVI Act and this proposed legislation would fix that oversight.
“I consider the crime of stalking to be a precursor to other crimes. All too often, we hear of assaults and other crimes that began with a predator pursuing his or her victim from the shadows and waiting for some ideal time to act,” said Mihalek. “If stalking victims are better protected, hopefully we can reduce the instances that stalking becomes an act of violence or worse.”
Labs and Marcell have also jointly proposed a resolution that would recognize the month of January 2025 as “Stalking Awareness Month” in the Commonwealth.
According to the Centers for Disease Control and Prevention, approximately 1 in 3 women and 1 in 6 men in the United States experience stalking at some point in their lives. The majority of stalking victims are, at some point, threatened by their stalkers with physical harm. Effective protective measures can deter perpetrators and reduce the likelihood of these behaviors escalating into more severe forms of violence. Adults, like children, can be profoundly affected by stalking and harassment. These behaviors can lead to severe psychological trauma, social isolation, fear and the disruption of daily life. This package seeks to expand the legal protections available to stalking victims and increase the criminal penalties levied on stalkers so that victims of stalking can feel safer across Pennsylvania.
