At some point in their lives, approximately 1 in 3 women and 1 in 6 men in the United States will experience stalking, according to the Centers for Disease Control and Prevention. In fact, the majority of these individuals are threatened with physical harm by their stalkers.
However, under current law, there are major gaps when it comes to protecting victims and bringing stalkers to justice. In an effort to close these gaps, state Reps. KC Tomlinson, Kristin Marcell, Shelby Labs, Abby Major and Natalie Mihalek introduced a package of legislation that seeks to implement needed changes.
During a news conference, Tomlinson explained how her 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.
“Under current law, adult predators who repeatedly stalk victims are not subject to heightened criminal penalties for a second or subsequent stalking conviction. My bill will correct this statutory oversight … ,” said Tomlinson. “Too often these days, we hear criminals receiving more rights than victims, and that will always be something that we fight against. It’s time we update our laws to match the world that we live in, give our law enforcement and prosecutors the ability to protect the people and give victims peace of mind knowing that their safety is a top priority.”
While some victims know their stalker, others are forced to live in fear of a complete stranger who found them online. Thanks to social media, personal details like hometown, workplace and more are widely accessible to those with nefarious motives. Marcell’s proposed legislation would allow judges to deny social media access to stalkers in Protection from Abuse proceedings. Though 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.
“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 wellbeing, and sending a clear message that online stalking will not be tolerated.”
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 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 state to establish and hire civilian community relations specialists.
“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 greater protection.”
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 proposed legislation that would expand legal protections under Pennsylvania’s Protection of Victims of Sexual Violence and Intimidation 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.”
Additionally, Marcell and Labs jointly proposed a resolution that would recognize the month of January 2025 as Stalking Awareness Month in the state.
Ultimately, the goal of this legislative package is to deter stalking and harassment, as well as the more severe forms of violence that these behaviors can escalate into, which can lead to victims experiencing severe psychological trauma, social isolation, fear and an all-around disruption of daily life.
“Given the world we live in today with social media, stalking is easier than ever,” said Tomlinson. “We need to find more ways to protect victims and send a clear message to predators that these crimes will not be tolerated.”
Samantha Bambino can be reached at sbambino@newspapermediagroup.com
