Commonwealth v. Bortz

OPINION

Chief Justice CAPPY.

The issue before our Court is whether a prior indirect criminal contempt conviction for violation of a Protection from Abuse (PFA) order issued under 23 Pa.C.S. § 6108 is grounds for grading a subsequent first conviction for stalking as a felony of the third-degree under 18 Pa.C.S. § 2709.1. For the reasons stated herein, we conclude that this' type of prior conviction does constitute grounds to impose a third-degree felony gradation. Accordingly, we affirm the decision of the Superior Court.

The circumstances giving rise to this appeal are as follows. In June 2001,…