1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for the offense of bullying.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Title 18 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 2709.2.  Bullying.

8(a)  Offense defined.--A person commits the offense of
9bullying when the person commits a defined crime with the intent
10to:

11(1)  harass, annoy, alarm or intimidate another
12individual or group of individuals; or

13(2)  place another individual or group of individuals in
14fear of personal injury or property damage.

15(b)  Grading.--

16(1)  Except as provided under paragraph (2), an offense
17under subsection (a)(1) or (2) committed by a person under 18

1years of age shall constitute a summary offense.

2(2)  A third or subsequent offense under subsection
3(a)(1) or (2) committed by a person under 18 years of age
4shall constitute a misdemeanor of the third degree.

5(3)  Except as provided under paragraph (4), an offense
6under subsection (a)(1) or (2) committed by a person 18 years
7of age or older shall constitute a misdemeanor of the third
8degree.

9(4)  A third or subsequent offense under subsection
10(a)(1) or (2) committed by a person 18 years of age or older
11shall constitute a misdemeanor of the second degree.

12(c)  False report.--A person who knowingly gives false
13information to a law enforcement officer with the intent to
14implicate a person under this section commits a offense under
15section 4906 (relating to false reports to law enforcement
16authorities).

17(d)  Venue.--

18(1)  An offense committed under this section may be
19deemed to have been committed at either the place at which
20the communications or actions were made or at the place where
21the communications or actions were received.

22(2)  Acts indicating a course of conduct that occur in
23more than one jurisdiction may be used by any other
24jurisdiction in which an act occurred as evidence of a
25continuing pattern of conduct or a course of conduct.

26(e)  Application of section.--This section shall not apply to
27conduct by a party to a labor dispute as defined in the act of
28June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
29Injunction Act, or to any constitutionally protected activity.

30(f)  Definitions.--As used in this section, the following

1words and phrases shall have the meanings given to them in this
2subsection unless the context clearly indicates otherwise:

3"Defined crime."  An offense under any other provision of
4this section or under Chapters 33 (relating to arson, criminal
5mischief and other property destruction), exclusive of section
63307 (relating to institutional vandalism), 35 (relating to
7burglary and other criminal intrusion), exclusive of section
83503 (relating to criminal trespass), 41 (relating to forgery
9and fraudulent practices), 57 (relating to wiretapping and
10electronic surveillance), 75 (relating to other offenses) and 76
11(relating to computer offenses).

12Section 2.  This act shall take effect in 60 days.