18 Pa.C.S.A. § 2701 Simple Assault
(a) Offense defined.– Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
(1)attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2)negligently causes bodily injury to another with a deadly weapon;
(3)attempts by physical menace to put another in fear of imminent serious bodily injury; or
(4)conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
(b) Grading.–Simple assault is a misdemeanor of the second degree unless committed:
(1)in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
(2)against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.
18 Pa.C.S.A. § 2711 Probable cause arrests in domestic violence cases
(a) General rule.– A police officer shall have the same right of arrest without a warrant as in a felony whenever he has probable cause to believe the defendant has violated section 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709.1 (relating to stalking) against a family or household member although the offense did not take place in the presence of the police officer. A police officer may not arrest a person pursuant to this section without first observing recent physical injury to the victim or other corroborative evidence. For the purposes of this subsection, the term “family or household member” has the meaning given that term in 23 Pa.C.S. § 6102 (relating to definitions).
(b) Seizure of weapons.–The arresting police officer shall seize all weapons used by the defendant in the commission of the alleged offense.
(c) Bail.— (1)A defendant arrested pursuant to this section shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. In no case shall the arresting officer release the defendant from custody rather than taking the defendant before the issuing authority.
(2)In determining whether to admit the defendant to bail, the issuing authority shall consider whether the defendant poses a threat of danger to the victim. If the issuing authority makes such a determination, it shall require as a condition of bail that the defendant shall refrain from entering the residence or household of the victim and the victim’s place of employment and shall refrain from committing any further criminal conduct against the victim and shall so notify the defendant thereof at the time the defendant is admitted to bail. Such condition shall expire at the time of the preliminary hearing or upon the entry or the denial of the protection of abuse order by the court, whichever occurs first. A violation of this condition may be punishable by the revocation of any form of pretrial release or the forfeiture of bail and the issuance of a bench warrant for the defendant’s arrest or remanding him to custody or a modification of the terms of the bail. The defendant shall be provided a hearing on this matter.
(d) Notice of rights.–Upon responding to a domestic violence case, the police officer shall, orally or in writing, notify the victim of the availability of a shelter, including its telephone number, or other services in the community. Said notice shall include the following statement: “If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) which could include the following:
(1)An order restraining the abuser from further acts of abuse.
(2)An order directing the abuser to leave your household.
(3)An order preventing the abuser from entering your residence, school, business or place of employment.
(4)An order awarding you or the other parent temporary custody of or temporary visitation with your child or children.
(5)An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.”
18 Pa.C.S.A. § 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) Deleted by 2002, Dec. 9, P.L. 1759, No. 218, § 1, effective in 60 days.
(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.
(3)The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108 (relating to relief) involving the same victim, family or household member.
(d) False reports.–A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).
(e) Application of section.–This section shall not apply to constitutionally protected activity.
(f) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Communicates.” Conveys a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.
“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. 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.
“Emotional distress.” A temporary or permanent state of mental anguish.
“Family or household member.” Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
“Seriously disparaging statement or opinion.” A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional distress to a child of the victim’s age and which produces some physical manifestation of the distress.