Harassment Charges in Pennsylvania: What Counts

Last updated October 4, 2026.

Harassment charges usually come out of relationships that have gone wrong: a breakup, a family argument, a neighbor feud, a string of text messages. The statute is broader than many people expect, and the same dispute can be charged as a summary offense or as a misdemeanor depending on how the contact happened. This page explains what the law covers and how a case moves through Lawrence County's courts. My general approach to criminal charges is on the main criminal defense page.

How does a harassment case move through Lawrence County?

The path depends on the grade:

The charge. Police file a citation (usually for a summary charge) or a criminal complaint. A private person can also start a case, but the complaint goes first to the district attorney, who approves or disapproves it; a disapproval can be reviewed by the Court of Common Pleas (Pa.R.Crim.P. 506). The District Attorney's office is at 430 Court Street, New Castle.
A summary charge. A citation must be answered with a plea within 10 days (Rule 407), as explained in what happens if you ignore a citation. The trial is held before the magisterial district judge; for Ellwood City and nearby townships, that is the court described in the Ellwood City district court.
A summary appeal. A summary conviction can be appealed for a new trial in the Court of Common Pleas within 30 days (Rule 460).
A misdemeanor charge. The complaint is filed at the district court, and the preliminary hearing is held at the county's Central Court, 202 Milton Street, New Castle, explained in preliminary hearings in Lawrence County.
The Court of Common Pleas. A misdemeanor held for court moves to the Courthouse for a plea or trial.
Bail conditions along the way. The bail authority may add nonmonetary conditions to ensure appearance and compliance (Rule 527), and any condition must be stated on the bail bond. How release is decided is described in how bail is set in Lawrence County.

What does the statute prohibit?

Under 18 Pa.C.S. 2709(a), a person commits harassment when, "with intent to harass, annoy or alarm another," the person does one of the acts below. The intent element matters: an argument or an unwanted message is not harassment unless the purpose was to harass, annoy or alarm.

Harassment acts and grades (18 Pa.C.S. 2709(a), (c); 1101; 1104; 1105)
Act	Grade	Maximum penalty
(1) Strikes, shoves, kicks or otherwise subjects the person to physical contact, or attempts or threatens to	Summary offense	90 days; $300
(2) Follows the person in or about a public place	Summary offense	90 days; $300
(3) Engages in a course of conduct or repeatedly commits acts that serve no legitimate purpose	Summary offense	90 days; $300
(4) Communicates lewd, lascivious, threatening or obscene words, language, drawings or caricatures to or about the person	Third-degree misdemeanor	1 year; $2,500
(5) Communicates repeatedly in an anonymous manner	Third-degree misdemeanor	1 year; $2,500
(6) Communicates repeatedly at extremely inconvenient hours	Third-degree misdemeanor	1 year; $2,500
(7) Communicates repeatedly in any other manner	Third-degree misdemeanor	1 year; $2,500

The statute defines "communicates" as conveying a message "without intent of legitimate communication or address," by any means, including phone, email, the internet and wireless messages. A "course of conduct" is "a pattern of actions composed of more than one act over a period of time, however short." The section does not apply to constitutionally protected activity (2709(e)).

One rule raises the grade. If the person previously violated a protection from abuse order involving the same victim or a family or household member, a summary harassment under paragraphs (1) to (3) is graded one degree higher (2709(c)(3)). A separate subsection covers cyber harassment of a child, also a third-degree misdemeanor (2709(a.1), (c)(2)).

How is harassment different from stalking or assault?

Stalking, 18 Pa.C.S. 2709.1, is a separate and more serious offense: a first offense is a first-degree misdemeanor. Simple assault requires causing or attempting bodily injury, or putting someone in fear of imminent serious injury, which is why a shove may be charged as harassment while a punch that causes injury is charged as assault, as explained in simple assault in Pennsylvania. Shouting in public may be charged instead as disorderly conduct, covered in disorderly conduct in Pennsylvania. Prosecutors sometimes file several of these together from one incident.

The difference also shows up at arrest. Pennsylvania's domestic violence arrest law, 18 Pa.C.S. 2711, lets police arrest without a warrant, on probable cause and corroborating evidence, for listed offenses against a family or household member, including simple assault and stalking. Harassment under 2709 is not on that list.

Is a protection from abuse order the same thing?

No. A PFA is a civil order, not a criminal charge, though the two often arise from the same events. In Lawrence County, PFA petitions are processed by the PFA Coordinator on the third floor of the Government Center at 430 Court Street, in the building described in what to expect at the Lawrence County Courthouse. The county says petitions are taken without an appointment from 8 a.m. to 11:30 a.m. and 1 p.m. to 3 p.m., there is no fee to file, and a PFA is only for abuse by a current or former spouse or partner, a sexual partner, or a relative; a neighbor or acquaintance does not qualify.

Will a harassment conviction stay on my record?

It depends on the grade. Harassment sits in the part of the Crimes Code covering offenses involving danger to the person, and that matters:

Summary harassment: becomes subject to automatic limited access five years after the conviction once restitution is paid (18 Pa.C.S. 9122.2(a)(3)), and can be expunged on petition after five years free of arrest or prosecution (9122(b)(3)).
Misdemeanor harassment: is excluded from automatic Clean Slate sealing for misdemeanors (9122.3(a)(1)(i)), but it may qualify for a petition for limited access after seven years free of conviction, because that section excludes offenses involving danger to the person only when they are punishable by more than two years (9122.1(a), (b)(1)(i)).

The details of each route are in clearing a criminal record in Pennsylvania.

What changes the answer?

How the contact happened. Physical contact, following or a pointless course of conduct is a summary offense; communications under paragraphs (4) to (7) are a third-degree misdemeanor (2709(c)(1), (2)).
One message or many. A single lewd, threatening or obscene message can fall under paragraph (4); anonymous, late-night or other messages under (5) to (7) must be repeated.
Purpose. The intent to harass, annoy or alarm is an element, a communication is defined as one "without intent of legitimate communication," and constitutionally protected activity is excluded (2709(a), (e), (f)).
An earlier PFA violation. A prior violation of a PFA order involving the same victim raises a summary harassment one grade (2709(c)(3)).
Where the messages went. The offense can be treated as committed where messages were sent or where they were received, and acts in other places can be used as evidence of a pattern (2709(b.1)).
The relationship. Family and household cases bring the PFA process and, for listed offenses such as stalking, the warrantless arrest and stay-away bail rules of 2711.

A worked example

For example, take a hypothetical case (not a real one): after a breakup, a person in Ellwood City sends a former partner about a dozen text messages late at night over two weeks. None is threatening or obscene, and there was never a PFA.

Because the messages were repeated and late at night, police may file a complaint under 2709(a)(6) or (7), a third-degree misdemeanor with a maximum of one year and $2,500. The complaint goes to the Ellwood City district court, the preliminary hearing is at Central Court in New Castle, and the case then moves to the Court of Common Pleas. The central questions are whether the messages were sent with intent to harass, annoy or alarm, and whether they had a legitimate purpose, such as arranging to return belongings. If the same person had instead shown up uninvited once and shoved the former partner, without injury, the charge would more likely be summary harassment under (a)(1), heard and decided at the district court. If a conviction for the misdemeanor followed, it would not be sealed automatically by Clean Slate, but a petition could be filed after seven conviction-free years.

Common mistakes in harassment cases

Continuing to message the other person. Each new message can become part of the course of conduct, and contact can break a condition written on the bail bond.
Deleting the message history. The full thread, including the other side's messages, often shows context and purpose.
Paying a summary citation without thinking about the record. Paying is a guilty plea, and the conviction stays public for at least five years.
Assuming a neighbor can be handled with a PFA. PFAs cover family members and partners only; a neighbor dispute goes through police or a private complaint.
Posting about the other person online. Internet communications are covered by the definition of "communicates."

What to do this week

Read the citation or complaint and find which paragraph of 2709 is charged; that sets the grade.
If it is a citation, enter a plea within 10 days.
Stop all contact with the other person, directly and through friends or social media.
Save every message in both directions, with dates and times, without editing.
Write down the history between you and the other person, including any earlier PFA.
Check the UJS Portal for a hearing date at the district court or at Central Court.

Frequently asked questions

Can one text message be harassment?

It can if it is lewd, lascivious, threatening or obscene and sent with intent to harass, annoy or alarm (2709(a)(4)). Anonymous, late-night or other messages under paragraphs (5) to (7) must be repeated.

Is harassment a felony in Pennsylvania?

No. It is a summary offense or a third-degree misdemeanor (2709(c)). Stalking, a separate offense, starts as a first-degree misdemeanor.

What if the accusation is false?

The statute itself says that a person who knowingly gives false information to police with intent to implicate someone under this section commits the offense of false reports (2709(d)). In your own case, the messages and witnesses are what answer a false accusation.

Can I be charged if I sent the messages from another county or state?

Yes. The offense may be treated as committed where the messages were received, and acts elsewhere can be used to show a pattern (2709(b.1)).

What if the other person harassed me first?

You can report it to police or file a private complaint, which the district attorney reviews (Rule 506). A PFA is available only if the other person is a family member or partner and the conduct meets the county's PFA criteria.

I am on probation. Does a harassment charge matter more?

Yes. A new charge can lead to a violation proceeding, and a new conviction allows the judge to impose confinement on the probation case, as explained in probation violation hearings in Pennsylvania.

Where are the courts for a harassment case?

The district courts, Central Court and the Courthouse are all listed on the Lawrence County courts page.

If you have been charged with harassment in Ellwood City, New Castle or anywhere in Lawrence County, the messages, the history between the people involved and the exact wording of the charge all matter. You work directly with me, and the first consultation is always free and confidential.

What counts as harassment in Pennsylvania, and how serious is it?