Commonwealth v. Duncan

Dissenting Opinion by

Spaeth, J.:

I agree with Judge HOFFMAN that more than an indecent request is necessary to support a conviction under section 2709(3) of the Crimes Code, Act of *554December 6, 1972, P.L. 1482, No. 334, §1, eff. June 6, 1973, 18 Pa.C.S. §2709. The section provides that:

“[a] person commits a summary offense when, with intent to harass, annoy or alarm another person:

“(3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.”

The behavior proscribed by this subsection is a “course of…